Sep 28, 2026 Regular Meeting

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[0:02] Call these September 28th, 2026, where you're meeting at the anniversary, tell us its order at 7 p.m. Roll call, Madam Clerk. Mr. Dembinski? Here. Mr. Sarmich? President?
[0:14] The law codes? Mr. Bocomer? Here. Mr. Janik? Here? Mr. Nehorn? President? Mr. Vanarski? Here.
[0:22] You know, please stand with me if you let it clear by chance of Janik. I'll invite you to fetch the flag of Sgt. Anonymous Dembinski.
[0:31] A mighty Father, we come before you today with grateful hearts thanking you for the gift
[0:35] of this community and the privilege of assembling together for this meeting. Grant us the wisdom
[0:40] and discernment as described in Psalm 72 that we may be endowed with your justice and righteousness
[0:45] serving the people of our city with integrity, fairness and compassion. Foster is feared
[0:50] immunity, active listening and mutual respect for one another. Help us all to seek the welfare
[0:55] and peace for our citizens and help us work together for the common good of Amherst.
[0:59] And now, let the words from our mouths and
[1:01] the notations of our feet acceptable in your sight,
[1:03] O Lord, our rock and redeemer, amen.
[1:06] Amen.
[1:08] Congratulations to the flag of the United States of America
[1:12] and to the Republic for which it sends one nation under God,
[1:17] indivisible, with liberty and justice for all.
[1:26] I am for the agenda that concerns the judgment of the book.
[1:30] Minister of the regular council meeting held September 14th, 2026.
[1:35] Minutes of the building and lands committee meeting held September 21st, 2026.
[1:39] Minutes of the finance committee meeting held September 21st, 2026.
[1:45] Mr. Jerry.
[1:46] Motion to approve the consent agenda is red.
[1:50] Second.
[1:52] Is the motion in the second to approve the consent agenda as red?
[1:55] that comments or questions.
[2:01] Seeing none, all those in favor,
[2:02] I'm taking a fine by saying aye.
[2:03] Aye.
[2:04] Those opposed to any?
[2:06] Motion carries, seven is zero,
[2:08] the consent agenda is accepted as right.
[2:11] But item five, the knowledge and the public
[2:14] pertained to items on the agenda.
[2:17] Is there anyone here tonight wishing to speak
[2:19] on any of the agenda items?
[2:23] Seeing none, wishing to speak with what item six
[2:26] for instance, the resolution is first reading item 6A, madam clerk.
[2:32] An ordinance authorizing an increase in appropriations for the Cooper Foster widening project.
[2:43] Mr. Jim Dinsky.
[2:45] Mr. Spankhouse for roles that item 6A may be passed on the first reading.
[2:53] Second.
[2:54] There's a motion and a second to suspend the rule that requires free reading so that item 6A
[3:00] may be adopted on the first reading.
[3:01] Okay. Are there comments or questions on the suspension of the law?
[3:06] Madam President, does this not have a emergency clause on it?
[3:11] Well, it will just take 30 more days to make the transfer, I mean, it doesn't really
[3:15] matter.
[3:20] Any further comments?
[3:22] Senator Roll call, no matter what.
[3:24] Mr. Dembenzki?
[3:25] Yes.
[3:26] Ms. Harmidge?
[3:26] Yes.
[3:27] Mr. Walcolds?
[3:28] Yes.
[3:28] Mr. Moecomber?
[3:29] Yes.
[3:29] Mr. Janek?
[3:30] Yes.
[3:30] Mr. Nahorn?
[3:31] Yes, Mr. Vanarski.
[3:32] Yep.
[3:33] Motion passes, 70.
[3:38] Mr. Nehor.
[3:39] Move to adopt.
[3:41] Mr. Wall.
[3:42] Second.
[3:42] There's a motion and a second to adopt.
[3:47] And a 6A.
[3:49] Comments or questions on the motion to adopt.
[3:52] Seeing no one wishing to comment.
[3:54] We all call for it.
[3:56] Mr. Tobinski.
[3:57] Yes.
[3:57] Mr. Sarmich.
[3:58] Yes.
[3:58] Mr. Walco.
[3:59] Yes.
[3:59] Mr. Bo Cumber.
[4:00] Yes.
[4:01] Mr. Janik.
[4:01] Yes.
[4:02] Mr. Nehor.
[4:02] Yes.
[4:03] Mr. Vanarski.
[4:04] Yes.
[4:04] Motion passes to 7-0 that item 6A is adopted in the matter park.
[4:10] We ordinance 026-27.
[4:19] Item 6B, in the matter park.
[4:21] An ordinance authorizing an increase in appropriations for the debt fund transfers out account.
[4:30] Mr. Wynarski.
[4:32] I'm Mr. Dumbitski.
[4:34] Would you spend council rules that item 6B may be adopted on the agenda.
[4:40] Mr. Mayor.
[4:41] Second.
[4:42] There's a motion and a second to suspend the rule that requires through reading so that item 6B
[4:48] may be adopted in the first reading are there comments or questions on the motion to suspend the rule?
[4:54] So you know, I'm wishing the comment will call more please my
[4:57] Mr. Dabindi. Yes. This is Harmitsch. Yes, Mr. Wackel. Yes. This no-comer. Yes, Mr. Janet. Yes, Mr. Nehorn. Yes, Mr. Anarski. Yes
[5:05] Motion passes 7 to 0 that will suspend the Mr. Dabindi. Yes, we'll do it all
[5:11] Mr. Walker.
[5:12] Second.
[5:16] There's a motion in a second to adopt.
[5:18] So there are comments or questions on the motion to adopt.
[5:23] Seeing no, wishing a comment or a comment?
[5:26] Mr. Devinsky.
[5:29] Yes.
[5:29] Mr. Harmich.
[5:30] Yes. Mr. Wackel.
[5:31] Yes. Mr. Volkamer.
[5:32] Yes. Mr. Janik.
[5:33] Yes. Mr. Nehorn.
[5:34] Yes. Mr. Winarski.
[5:36] Yes.
[5:36] The motion passes 7, 0, item 6, V is adopted, medical.
[5:40] You'll be ordinance 026-28.
[5:46] I have 6.
[5:49] State, number 4.
[5:54] An ordinance authorizing the increase in appropriations in county health district
[5:59] the account number 100202-52322 County Treasurer Auditor fees account number 444-600152-320 and declaring an emergency.
[6:13] Mr. Dundin.
[6:15] Move to the Supreme Council rules that items 16 may be adopted on the first reading.
[6:20] Mr. Names.
[6:21] Second.
[6:22] The motion and the second to spend the rule that we've put three readings so that I have 16 may be adopted on the first reading of their comments or questions on the suspension of the rule.
[6:33] Teno and wishing to comment will call vote metamorphosis.
[6:36] Mr. Divinci.
[6:37] Yes.
[6:37] Mr. Sarmich.
[6:38] Yes.
[6:38] Mr. Wackels.
[6:39] Yes.
[6:39] Mr. Wilkummer.
[6:40] Yes.
[6:40] Mr. Janet.
[6:41] Yes.
[6:42] Mr. Nainhorn.
[6:42] Yes.
[6:43] Mr. Vanars.
[6:43] Yes.
[6:43] Yes.
[6:44] Motion passes 7-0.
[6:46] That rule is suspended, Mr. Janice.
[6:47] Move to adopt.
[6:49] Mr. Dimvinsky.
[6:51] Second.
[6:51] There's a motion and a second to adopt item 6-C.
[6:56] Comments are questioned and a motion to adopt.
[6:59] Seeing no one wishing to comment, we'll call vote, Madam Clerk.
[7:03] Mr. Dimvinsky?
[7:04] Yes.
[7:04] Ms. Harmidge?
[7:05] Yes.
[7:05] Mr. Walcold?
[7:06] Yes.
[7:06] Mr. Moecommer?
[7:07] Yes.
[7:08] Mr. Janice?
[7:08] Yes.
[7:08] Mr. Nahorn.
[7:09] Yes.
[7:10] Mr. Minarski.
[7:10] Yes.
[7:11] Horsan passes.
[7:12] So the zero rules item 60 is adopted, the medical card.
[7:18] It will be ordinance 02629.
[7:24] Item 6D.
[7:29] An ordinance authorizing the increase in appropriation for a part-time wages for part-time employees of the
[7:43] contributions and declare an emergency Mr. Tampinski who doesn't spend council rules that items
[7:50] 6d may be adopted on the first floor
[7:55] second there's a motion the second to suspend the rule
[7:58] that requires three readings so item 6d may be adopted on the first reading comments or questions
[8:04] on the suspension of the rule saying no one wishing to comment we'll call vote
[8:11] Mr. Tampinski, Ms. Harmidge, Mr. Wackels, Mr. Moecomber, Mr. Janet, Mr. Nahorn, Mr.
[8:19] Vanarski, motion carries 7-0, that, how that rule is suspended, that,
[8:29] Mr.
[8:29] Janet.
[8:30] Move to adopt.
[8:34] Mr. Tampinski.
[8:35] Second.
[8:35] The motion is second to adopt, comments or questions on the motion to adopt.
[8:50] Mr. Dumbinsky, Mr. Sarmich, Mr. Wachholz, Mr. Mokummer, Mr. Janik, Mr. Nehorn, Mr. Wynarski.
[8:59] Motion passes 0, item 6D is adopted, and the ordinance vote 2630.
[9:11] I have 6E and ordinance to establish a temporary moratorium at the construction of data centers within the city of the Amherst until June 30th, 2027 with an automatic 6 month extension.
[9:30] I would like to comment that before we consider further, that I still have the objection to the automatic 6 month extension, I think it needs to be sent back to committee and the extension should be voted on by Council.
[9:54] Mr. Dempinsky.
[9:56] We've sent item 6E onto the second reading.
[10:02] Mr. Walpole.
[10:03] Second.
[10:07] There's a motion and the second is second.
[10:11] Item 6E onto the second reading.
[10:12] Comments or questions?
[10:13] Mr. Walpole.
[10:14] Thank you, Madam President.
[10:16] Let's go to the law department.
[10:17] We had some conversation last week about automatic renewals, six month lengths.
[10:24] What's the law department's opinion?
[10:25] How ought this be handled?
[10:27] Yeah, and I think this the the disagreeing that probably stands for me.
[10:33] I discussed with Mr. Domenski originally that perhaps we should have a short appeared
[10:40] time with the automatic renewal.
[10:42] I think he originally wanted one year.
[10:43] I was thinking maybe maybe that was too long but actually after we established the council
[10:51] to establish the committees, it probably makes sense to have one year and to simply end
[10:57] it with the provision that allows council to obviously close it earlier if you come
[11:04] to some sort of resolution. The whole renewal thing was really a creature of my mind internally
[11:11] then I spoke with council president after I changed my mind on the issue. So the issue
[11:19] the disagreement between at the end of the room is probably because of me, so I apologize
[11:24] both of them, but I think in reality, one year knowing how things go, one year probably
[11:32] makes sense, and if we get things done quicker, then council can, you know, can terminate it
[11:38] earlier.
[11:38] We can put language.
[11:39] Obviously council could do it as a place to seek it out, always vacate or hasten the end
[11:47] the end of moratorium if it determines that there's an appropriate area for the data center to go into.
[11:56] Hopefully that clears it up.
[11:59] So the time frame you remand that is one year.
[12:03] I mean I would like it earlier of course but it's going to be our reality six months probably not.
[12:10] Especially with the upcoming end-of-year situation, you know, things slow down to the end of the year and nothing speed up.
[12:17] I would say one year and then put a provision that of course it could be shortened if the committee and subcommittees discussions.
[12:27] Okay. And then the other component of this was automatic renewals.
[12:30] I don't like it, you know, automatic renewals probably does not make sense at that point.
[12:34] So they make counsel to say you're in a about an extension or hopefully the subcommittee has acted and
[12:42] Council's made a determination
[12:44] So I think if you have perpetual renewals, then it's access at the fact of
[12:51] Prohibition in my opinion. So you know, you're the policy maker. Let's make a policy at some point and at one year if a decision has been made
[13:00] needs to be discussed again. Okay, just my two cents. So instead of automatic
[13:05] you'd recommend something like eligible for or it just gets discussed
[13:09] accounting. It would always be eligible for renewables. The process that we're
[13:14] doing right now. Or ending it. Or ending it. Yeah. Yeah,
[13:21] I guess go back to the
[13:23] writer of this hot ring about Mr. Dan Binsky. What do you think? I my original
[13:31] proposals to the end of 2027 and there was no other renewal option on there. I would be very happy
[13:35] changing this back to to the end of 2027 and not having any rules on there.
[13:44] And that's what it was
[13:44] when I had originally sent it and then, um, before it suggested the automatic extension and everything
[13:50] and I, it's a lot easier just to get rid of that. So, I'm, I'm, I'm happy with that. I mean, you want,
[13:56] you want 12 months or, I mean, it's a, it's a council, you know, in the situation, I mean,
[14:00] In early September, I mean, by the time this actually passes, what's the time frame, I guess?
[14:07] That's what routine lots are told.
[14:10] Yeah, basically.
[14:11] I mean, if we pass it, if we continue the three readings and then there's a 30-day waiting period,
[14:15] it's going to go active in like early December.
[14:18] So the end of 2027 seemed a more logical stopping place than December 14th or whatever would be of 2027.
[14:28] I made up a number, but, you know, I mean, it just made sense to me to the end of
[14:34] twenty-seven.
[14:36] Okay.
[14:36] Yeah, I think we should not have any, I think we should not have the automatic renewal.
[14:41] I mean, no.
[14:41] No, I agree.
[14:42] I think, yes, the automatic renewal, just for everyone's clarity, was a creature that came up
[14:48] in my mind, saying, want me to do six months with the renewal, and then after thinking about
[14:53] it and how long take things take for a reason and probably a good thing. Why not just make it like just...
[15:00] Mr. Chairman. Mr. Richie said a 12-month period, and then if council has not acted by that point, then it needs to re-discuss the issue. Hopefully, the special committee will have some answers fairly soon.
[15:17] Motion to amend item 6E to change the date to December 31, 2027, and strike the praise with an automatic six-month extension.
[15:28] Hang on, is that permissible to have a-
[15:31] Well, you're open up in motion, someone's second in the evening.
[15:35] No, no one seconds.
[15:36] No one seconds?
[15:37] I second it.
[15:38] Yeah, there's a motion.
[15:39] Yeah, it was second in the evening.
[15:40] Oh, I agree.
[15:41] I withdraw.
[15:42] You couldn't talk about it.
[15:43] I have one second.
[15:44] All right, I can.
[15:45] Sorry.
[15:46] So, Mr. Wah calls her after your second?
[15:50] Yes, ma'am.
[15:51] And Mr. Jack.
[15:54] Okay.
[15:54] Mr. I, I also withdraw my motion.
[15:56] I already withdraw.
[15:57] Okay.
[15:57] Mr. Janet, would you rest here?
[15:59] Yes motion to end item 6E to change the date to December 30th, 2027, and remove and remove the phrase with an automatic six-month extension.
[16:12] December 31st.
[16:14] Sure.
[16:14] December 31st.
[16:18] Thank you.
[16:19] Happy New Year.
[16:20] Sorry.
[16:29] Thank you.
[16:38] There's a motion in a second to amend item 6E.
[16:43] So the phrase with an automatic six month extension is removed and the June 30th, 2027 will be changed to December 31st, 2027.
[16:59] Are there comments or questions on the motion to amend?
[17:06] Seeing no one wishing to comment, roll call, vote, Madam Clerk.
[17:11] Mr. Demonski, Ms. Hermidge, yes, Mr. Walcolds, Mr. Moe Cumber, Mr. Janik, Mr. Nehorn,
[17:18] yes, Mr. Wynarski.
[17:20] Motion passes 7-0, then the amendment is made.
[17:24] Mr. Nehorn.
[17:25] Move to send item 6-E as amended to the second reading.
[17:30] Mr. Demonski.
[17:31] Second.
[17:34] There's a motion and a second to send item 6-E to the second reading.
[17:38] I'll answer questions on the motion to ignore wishing to comment, roll call, vote number.
[17:45] Mr. Da Benski, Mr. Mitch, Mr. Wackel, Mr. Moe-Kummer, Mr. Janet, Mr. Neymar, Mr. Wynarski.
[17:54] Motion passes 7-0, item 6-E is sent, point 2-D, second reading,
[18:05] item 7, ordnance is a resolution.
[18:07] Second reading, item 7A and ordinance to approve current replacement pages to the Amos codified ordinances and declaring an emergency.
[18:18] We have a request to suspend the rule that requires three readings so that this can be adopted on the second reading.
[18:27] Mr. Dumbinsky.
[18:28] Move to the second.
[18:28] Council rules.
[18:29] Item 7A may be adopted on the second reading.
[18:31] Thank you.
[18:32] The second.
[18:33] There's a motion and a second to suspend the rule that requires three readings, so that
[18:39] item 7A may be adopted on the second reading.
[18:44] Are there comments or questions on the motion to suspend the rule?
[18:48] Seeing no one wishing to comment, roll call, roll, Madam Clerk.
[18:51] Mr. DeBensky?
[18:52] Yes.
[18:53] Ms. Harmich?
[18:53] Yes.
[18:54] Mr. Waffles?
[18:55] Yes.
[18:55] Mr. Moe-Kummer, Mr. Janet, Mr. Nahorn, Mr. Warski, motion passes 7-0 there will be suspended, Mr. Janet.
[19:03] Move to a doubt.
[19:05] Mr. Brambinski.
[19:06] Second.
[19:07] There's a motion and a second to adopt items and, hey, comments or questions on the motion to adopt.
[19:15] Seeing no one wishing to comment, we'll call vote, Madam Clerk.
[19:18] Mr. Tim Benski, Ms. Harmidge, Mr. Walcold, Mr. Moe-Kummer, Mr. Janet, Mr.
[19:24] Mr. Nehorne.
[19:25] Yes.
[19:25] Mr. Winnarski.
[19:26] Yes.
[19:27] Motion passes.
[19:28] 7-0.
[19:29] Item 7-A is adopted.
[19:32] No.
[19:32] You'll be ordinance number 02631.
[19:38] Item 8.
[19:39] Ordnance of resolution 3rd reading.
[19:42] There are none.
[19:44] Item 9.
[19:45] And the number 9 of the public.
[19:47] Is there anyone here tonight?
[19:48] We shouldn't speak on any subject.
[19:52] Seeing no one wishing to speak on it.
[19:54] I have ten agenda requests in the committee meeting.
[19:58] I have two items, Madam Clerk, and a president, A2640 to Finance,
[20:06] in-source services, professional service agreement.
[20:11] This is asking to approve agreement to allow in-source services to collect income taxes and returns for the city of Amherst.
[20:19] to finance also 846-41. Retainer agreement with Keith D. Weiner and Associates. This is
[20:30] asking to approve changes made to the agreement to allow Keith D. Weiner and Associates to
[20:35] continue collecting unpaid income taxes for the city of Amherst. That's all I have this evening
[20:46] Thank you, Madam President, I have two items, a 2640 and a 2640 as read by the Clerk of Council.
[20:55] I also have a 2639, previously tabled, that is transfer funds from Account 50701052710 Special
[21:07] assessments transfers out to account 10010041910 general fund transfers in an amount of
[21:16] $148,255.87 and transfer funds from account 840600153000 street openings to account 201190041910 street transfers
[21:31] is in the amount of $8,342 in 12 cents.
[21:36] I'd like to call those three items for the next Monday
[21:38] of Oberhoet at 7 p.m.
[21:41] That is completely clear.
[21:42] Thank you very much.
[21:43] Are there any other committee chairman
[21:45] who wish to call a meeting for next Monday?
[21:51] Seeing no one wishing them further to call a meeting,
[21:53] we will go to item 11 reports
[21:55] from the administration, Mr. Mayor.
[21:57] Thank you very much.
[21:59] Let's go ahead and start with Mr. Phillips.
[22:02] Thank you, Mr. Mayor.
[22:03] No report this evening.
[22:05] Thank you, Mr. Miller.
[22:07] Thank you, Mayor.
[22:08] No report this evening, as well.
[22:10] Thank you.
[22:11] Mr. Clerk, Mr. Clerk, no report Mr. Mayor, thank you.
[22:15] Mr. Jeffries, I want to keep it going, so no further report.
[22:22] Thank you.
[22:22] The time.
[22:24] Thank you.
[22:27] Mr. Dindesky.
[22:27] I'm going to get the report for the administration.
[22:30] Thank you very much.
[22:30] Mr. Walton.
[22:31] Second.
[22:32] There's a motion in the second to accept the report's administration.
[22:35] All those in favor signify by saying aye.
[22:37] Aye.
[22:39] The motion passes 7-0.
[22:42] That report's administration are exempted in this case.
[22:46] We're adjourned.
[22:49] Second.
[22:50] The motion in the second to adjourn.
[22:52] All those in favor signify by saying aye.
[22:54] Aye.
[22:57] motion gas kit.
[22:58] We should cast the 7 to 0.
[23:00] We are adjourned at the 7 to 23.
[23:03] Thank you.