1995 20th Town Board Meeting for the Town of Orchard Park, Erie County, State of New York

Reg. Mtg. #20 Mtg. #21 10/18/95 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 18th day of October, 1995 at 8:00 P.M. (local time) and the Pledge of Allegiance was rendered.

The meeting was called

PRESENT AT ROLL CALL: Dennis J. Mill Supervisor

John J. Mills Councilman

Paul D. Barnas Councilman

David M. Buyer Councilman

Nancy W. Ackerman Councilwoman

Town Clerk

Town Attorney

Building Inspector

Chief of Police

Town Engineer

Janis A. Colarusso

Leonard Berkowitz

Marvin Ginsberg

Robert C. Henning

Michael R. Merritt

ABSENT: Ronald A. Geitter Supt. of Highways

Supervisor Mill explained that there dealing with the proposed 1996 budget.

John Malloy and Wayne Drescher of Deloitte and Touche, the accounting firm that represents the Town, were introduced.

At 8:00 P.M. (local time), the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of the proposed Benefit Basis to the Special Districts Budget and the proposed Ad Valorem Budget, for 1996.

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. The affidavit is entered into and attached to these minutes.

PUBLIC HEARING #1 ‑ "Benefit Basis Budget",

Mr. Malloy explained the Benefit Basis Budget which reflects the budgets of the sanitary sewer districts, water districts, garbage districts and the lighting districts, and that the taxes for those services are assessed on something other than the assessed valuation of the properties.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the proposed Benefit Basis Budget be and is hereby closed at 8:08 P.M..

Aye Nay

D.J. Mill

a. J. Mills

P.D. Barnas

D. M. Buyer

N.W. Ackerman

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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2)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 authorized to adopt the Town of Orchard Park 1996 Benefit Basis Budgets, which includes various Special Districts Funds, as previously filed by the Town Supervisor, with the following amendments:

1) Water District #17‑2: amend the amount of debt reserves applied from $4,000.00 to $6,000.00, which lowers the amount to be raised by taxes from $45,000.00 to an amended total of $43,205.00.

2) Consolidated Garbage District: amend the contract services basic from 1,142,494.00 to $950,000.00, which lowers the amount to be raised by taxes from $1,200,794.00 to an amended total of $1,800,300.00

Before the vote was taken, Supervisor Mill noted that there was a Refuse Committee that worked on the bid specifications and held meetings to help prepare and get ready for the recent bidding of our garbage contract. He also thanked the Committee for the work they did in helping bring about a very attractive rate

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.

PUBLIC HEARING #2 ‑ "Ad Valorem Budget"

Mr. Malloy explained that the Ad Valorem Budget represents the General Fund, Part Town Fund and Highway Funds. The taxes in these funds are all levied on the basis of the assessed taxable valuation of the properties and includes all the administrative services provided by the Town, the Highway Dept., Police Dept, Parks, Recreation and all the general services of benefit to all the Town residents.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the proposed Ad Valorem Budget

be and is hereby closed at 8:15 P.M

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.

4)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 adopt the Town of Orchard Park 1996 Ad Valorem Budget, which includes the General, Part Town and Highway Funds, as previously filed by the Town Supervisor, and known as the Tentative 1996 Ad Valorem Budget.

Before the vote was taken, Councilman Barnas commended the Supervisor on his tax stabilization program.

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Supervisor Mill commented that the real gratitude goes to those Department Heads and Employees that work for this Town who help in curtailing costs and spending.

Councilman Mills stated we have a sound budget, good zoning in the Town, and thanked the citizens and residents of this Town for their encouragement and cooperation over the many years.

‑ 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.

Old Business #1 ‑ Award bid for Garbage Contract.

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

WHEREAS, the Town of Orchard Park has solicited bids for the collection, hauling and disposal of mixed Municipal solid wastes and white goods and collection, hauling and processing of recyclables, and

WHEREAS, bids were received by the Town of orchard Park and opened on Thursday, October 12, 1995, and

WHEREAS, this Town Board has considered all bids submitted

NOW, THEREFORE, be it

RESOLVED that the sealed bid of Modern Corporations, 4746 Model City Road, P.O. Box 209, Model City, New York 14107‑0209 amounting to $115.00 per unit is hereby accepted as the lowest responsible bid, and be it further

RESOLVED that the Town Supervisor is authorized to execute a contract with Modern Corporations for garbage collection and disposal pursuant to the terms of the Bid Specifications for the period commencing January 1, 1996 and terminating December 31, 2000.

Before the vote was taken, Councilman Barnas expressed his appreciation of the hard work done by members of this Board on this bid, especially Councilwoman Ackerman and Councilman Buyer.

Councilman Buyer commented there will not be a noticeable significant, change in the weekly service. Bulky items which were picked up during the first full week of each month, will now be picked up weekly, one item per week.

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.

Old Business #2 ‑ Windom Developers, California Rd. ‑ Building Permit.

6) 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 request from Windom Developers, 3860 California Road for a building permit to construct a 3,500 sq.ft. addition to an existing building with the following stipulations as recommended by the Planning Board, 10/11/95: 1)This is an unlisted SEAR action and a negative declaration is recommended. 2)The existing dumpster be screened. 3)A Landscape Completion Bond in the amount of $6,500 be paid by the petitioner.

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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.

Old Business #3 ‑ Lesco Co., S. Taylor Rd. Building Permit.

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

RESOLVED that the Town does hereby seek Lead Agency status in the matter of the request from Lesco Co., vacant land at the northern end of South Taylor Road, next to the Baltimore & Ohio Railroad, for a building permit to construct a 5,000 sq.ft. building, and be it further

RESOLVED, under this Lead Agency status, as required by the State Environmental Quality Review Act, the completion of Part 3 of the Long Environmental Assessment Form, specifically dealing with item 17 under Part 2 of the Long EAF,

is required with the following stipulations/considerations:

1} We need greater detail on the building structure and the justification for wood rather than the normal metal type of structure with steel trusses that are normally included in structures housing this type of material.

2} The Petitioner should address the lack of appropriate firefighting equipment, should there be an emergency situation with the compounds that are stored in this area, and the fact that the HAZMAT Group is one half hour away.

3} The Medical Safety Data Sheets require that if there is an emergency situation or fire, residents downwind of such a fire would have to be evacuated, which would include the Pleasant Acres Subdivision and possibly part of the Village. THEREFORE, Part 3 should indicate how an evacuation could be handled and how far an evacuation would need to be required; who would cover the cost of such an evacuation of residents and subsequent cleanup; where would the evacuees go; and, as our Fire Department indicates that Route 219 might have to be closed, what routing would be required and who would be doing the closing.

4} The Petitioner should address the separation within the building of a fireproof portion to store the hazardous materials, that by license say danger to the public.

5} Also, under Part 3, we need answers to what would be the extent of the conflagration involving one week's supply of all the chemicals stored if there was such an event.

Councilman Buyer explained that Lesco Co., would be storing for distribution, to sell wholesale rather than retail, various herbicides and pesticides etc.. Material Safety Data Sheets were submitted, listing the product and its contents and some of the hazards involved. Some of these fall in a "Class 4" or "Class 5" category and would be dangerous in a hazardous/fire emergency situation. Upon receipt of the completed Part 3 of the Long EAF, then a determination can be made.

The various questions are a combined effort of Councilman Buyer, Councilman Barnas and Councilwoman Ackerman.

Supervisor Mill identified the petitioner in the audience. Mr. Mill further stated, depending upon the replies received, the petitioner could have an answer to his request in possibly two weeks or so.

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.

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Old Business #4 ‑ Approve P.I.P. #243 ‑ Orchard Park Commerce Center.,

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

WHEREAS, Orchard Park Commerce Center, Inc. has applied for a Public Improvement Permit to construct a highway off Milestrip Road near its intersection with Route 20; and

WHEREAS, such premises were rezoned after an extensive environmental analysis and findings were made pursuant to the State Environmental Quality Review Act; and

WHEREAS, such findings required that a traffic signal be installed at Route 20

and Mid‑County Drive; and

WHEREAS, the New York State Department of Transportation has determined that such traffic signal is not presently required and has not been authorized by the Department of Transportation

NOW, THEREFORE, be it

RESOLVED that the public improvement permit #243, for the construction of the above referenced highway is hereby approved; and be it further

RESOLVED, that the Orchard Park Commerce Center, Inc. be required to provide a mortgage security interest to the Town of Orchard Park to ensure that the traffic signal will be constructed when it is authorized by the Department of Transportation pursuant to a certain letter agreement dated October 18, 1995 between the Town of Orchard Park and the Orchard Park Commerce Center, Inc.; and be it further

RESOLVED that the Town Supervisor is hereby authorized to enter into the letter

agreement dated October 18, 1995.

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 MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED that the Town Board does hereby authorize the Supervisor to execute the Letter Agreement dated October 18, 1995 between the Town of Orchard Park and the Orchard Park Commerce Center, Inc., regarding security for restoration of the highway being developed by Orchard Park Commerce Center, Inc. on Milestrip Road in the event of the failure to complete such highway and for maintenance for a two year period following completion of the improvements covered by the public improvement permit which relates to the above‑referrenced highway, as recommended by the Town Attorney.

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.

Old Business #5 IMC Moog Controls, Orchard Park Commerce Center, Building Permit

10)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 request from IMC Moog Controls, Inc., vacant land in the new orchard Park Commerce Center, for a building permit to construct a 102,880 sq.ft. facility as recommended by the Planning Board, 9/13/95, with the following stipulations:

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Reg. Mtg. #20 Mtg. #21 10/18/95 Page 6

1.This is a Type I SEQR action based on the long EAF Parts 1 & 2.

2.The issuance of a PIP is required before a building permit will be issued.

3.Water Authority permission for a temporary construction/access road over water authority property is required before a building permit will be issued.

4.Permission from the property owner for Moog to have a temporary construction/access road is required before a building permit will be issued.

5.NYS DOT permission for a temporary construction/access road is required before a building permit is issued.

6.A $48,000.00 landscape bond will be provided by the petitioner.

7.All lighting will conform to the covenants of the Commerce Center.

8.Fina1 Town Engineering approval must be granted before a building permit will be issued.

9.The road must be completed and in, prior to the issuance of a certificate of occupancy.

Aye Nay

D.J. Mill x

J.J. Mills x

P.D. Barnes x

D.M. Buyer x

N.W. Ackerman x

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 (not on agenda) ‑ 1996 Community Development Funds

11)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 authorizing the Supervisor to sign

and submit the application for the 1996‑1997 CDBG Funds for the Orchard Park

Library Handicap Accessibility Project in the amount of $40,000.00 and to

purchase a van to be used for the Rural Transit Service in the amount of

$23,000.00, and

RESOLVED, that the Town Board be and is hereby authorizing the Supervisor to cosign the application with the Village of Orchard Park, the Town of Aurora and the Village of Aurora for the Rural Transit Service program in the amount of $90,000.00.

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.

Old Business #7 (not on agenda) ‑ P.I.P. #239 Release Security.

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

WHEREAS, the tree plantings, grading and seeding at the entrance island for the

Summit at Scherff Subdivision, Phase 1, under P.I.P. #239 have been completed

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the release of the $1,000.00 cash security held in escrow from Falcon Land Corporation, 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.

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New Business #1 NYSEG Street Light Proposal for Summit at Scherff.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following New York State Electric and Gas Corp. Street Light Proposal, dated 10/17/95 for the entrance to the Summit at Scherff Subdivision:

Scherff Road

Install 1 ‑ 8500 Lumen 100 Watt High Pressure Luminaire @ $131.77 each

Total Annual Increase = $131.77

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 #2 (not on agenda) ‑ Curbell, 7 Cobham Drive ‑ Building Permit.

14)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 refer to the Planning Board and Conservation Board the request from Curbell, Inc., 7 Cobham Drive for a building permit for a 6,200 sq.ft. shop expansion to the rear of the existing building and a 19,800 sq.ft. (one story) office expansion into the adjacent 4.44 acre lot.

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 #3 (not on agenda) ‑ CROP Walk for Hunger.

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 to hold the annual CROP Walk for Hunger on October 22, 1995.

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.

16)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 following transfer as recommended by the Chief of Police:

$2,000.00 from Line Item A3120.000.475 to Line Item A3120.000.443

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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.

OFFICIALS AND DEPARTMENT HEADS

Supervisor Mill reported 1) He was in receipt of a notice from Jones Cable that they are in the process of selling the Orchard Park franchise with 8 other communities to Global Acquisition Partners, a subsidiary of the John Regeous family who own the Adelphia System. Orchard Park does not do anything until the State Commission notifies us of its approval. Then, we just approve the transfer of the franchise. 2) He had received notification that there will be an additional $3.00 license fee by the State for unneutered and unspayed dogs.

Councilman Barnas reported he had received letters from the Lakeridge Associates and also Mark Molinowski, Lakeridge, regarding street lighting.

Councilman Mills stated he will be following up on the street lighting.

17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS

ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to accept with regret, the resignation of Nicolas Monafo as member of the Joint Economic Development Committee.

Before the vote was taken, Councilman Buyer stated that Mr. Monafo has been an outstanding contributor to our community and the Joint Economic Committee.

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.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening for three (3) new 1996 Police Patrol Vehicles on November 14, 1995 at 10:00 a.m. (local time) as recommended by the Chief of Police, and be it further

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

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.

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

WHEREAS, Police Officer Leonard Govenettio has recently filled a vacancy on the Emergency Response Team ("ERT")

NOW THEREFORE, be it

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RESOLVED, that the Town Board be and is hereby authorized to approve the request for Police Officer Leonard Govenettio to attend a two week training course hosted by the Amherst Police Department, October 30,1995 to November 10,1995 at a cost of $300.00 as provided in the budget, as recommended by the Chief of Police.

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.

20)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 approve all entries on warrant #20, following auditing by members of the Town Board, and in the funds indicated:

$ 37,427.24 GENERAL FUND

$ 605.35 PART TOWN FUND

$ 14,588.73 HIGHWAY FUND

$ 210,385.55 SPECIAL DISTRICTS FUND

$ 112,758.89 TRUST & AGENCY 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.

21)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 receive and file the report as entered on the agenda: 1)Orchard Park Police Chief's Monthly Report for September, 1995

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 Councilman Buyer, the meeting was adjourned at 8:51 PM EDT.

UNANIMOUSLY ADOPTED,

Janis A. Colarusso

Town Clerk

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