Reg. Mtg. #1  Mtg. #2  1/1/92  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 1st day of January 1992 at 10:55 A.M. EST.

 

Supervisor Mill called the meeting to order and dispensed with the Pledge of Allegiance, Roll Call and the Fire Safety Notification as these had been done at the Organizational Meeting.

New Business #1 - Appointment to Southtowns Solid Waste Committee.

1) 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 Councilwoman Ackerman to the Southtowns Solid Waste Committee.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Appointment to Municipal Center Art Committee.

                                                                                   Center Art Committee.

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

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Councilwoman Ackerman to the Municipal Center Art Committee.

Before the vote was taken, Supervisor Mill explained that this Committee is responsible to review and decide which art shall be placed in the Town Hall Complex from the Art Department in the Orchard Park Schools.

Town Engineer Merritt stated this Committee which has representatives from the school Art Department will be getting together to decide which pictures and/or art shall stay in the Town Hall Center and review new art available for display.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - HAZMET Team funding, sign agreement.                                                                                   sign agreement.

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

WHEREAS, the law provides that a Town must have coverage providing emergency response to hazardous material incidents, and

WHEREAS, it is necessary to enter into an agreement with the Southtowns HAZMET Team to obtain their services for such incidents

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the agreement with Southtowns Hazardous Materials Emergency Response Team which provides emergency response services for the year 1992 only at a cost not to exceed Three Thousand ($3000.00) Dollars.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

New Business # 4 - Establish budget line item for Southtowns HAZMET Team.

 

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 approve the following transfer to establish a Budget Line Item for Southtowns HAZMAT Team as recommended by the Town Auditor:

 

$3,000:00 from A1910.480 Contingency to A3989.400 Southtowns HAZMAT Team

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #5 - Release of Nat'l Fuel Gas Serv. Center Sub Contr. Performance Security.

 

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

 

WHEREAS, on 3/5/91 R.G. Rechin Inc., 1441 South Creek Road, Derby. NY, subcontractor for National Fuel Gas Service Center, 5955 Taylor Road, did deposit $5,000.00 as Performance Security, and

 

WHEREAS, all of the construction work related to the installation of the water service at the National Fuel Gas Service Center, 5955 Taylor Road has been satisfactorily completed

 

NOW, THEREFORE, Be it

 

RESOLVED that the Town Board be and is hereby authorized to release the performance security in the amount of $5,000.00 to R. G. Rechin Inc., 1441 South Creek Road, Derby N.Y. 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 abstained - conflict of interest

 

THE RESOLUTION WAS DULY ADOPTED.

 

New Business #6 - Release of Tom Greenhauer Dev., Orchard Meadows PIP Performance Security.

 

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

 

WHEREAS, on August 15, 1990 the Town Board passed a resolution accepting dedication of the roadway and public utilities in Orchard Meadows Subdivision Part 8, Phase 6 constructed under PIP #203 subject to completion of various punch list items, and

 

WHEREAS, all of the outstanding work has since been satisfactorily completed

 

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to release the $22,000.00 performance security for PIP #203 to Tom Greenauer Development, P.O. Box 250, Springbrook, NY as recommended by the Town Engineer.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

 

New Business #3 - Adopt a Procurement Policy for the Town.

 

This item was removed for further study and review by the Town Board.

 

7) 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 public hearing on 2/5/92 at 8:00 P.M. EST in the matter of the adoption of Local Law #1-1992, which Local Law provides as follows:

PROPOSED RECYCLING LOCAL LAW

 

 

Section I.

The collection of solid waste for recycling from residences and/or businesses in the Town will serve the general public interest by reducing the volume of municipal solid waste. This local law is intended to comply with the mandate of the State of New York for recycling.

 

Section 2. - Definition

 

The following words and phrases used throughout this local law shall have the following meanings:

 

Cardboard -     A thin, stiff paste board including, but not limited to corrugated boxes, and cartons.

 

Glass        -  All products made from silica or sand, soda ash, and limestone, the product being transparent or translucent and being made for packaging or bottling of various matter and all other material commonly known as "window glass".

 

  Yard Waste -   Compostable vegetative material, including leaves, garden residue, chipped shrubbery, tree trimmings and grass clippings.

 

  Metal Cans -   Ferrous metal or tin cans, commonly used in packing food products and aluminium cans which are typically used for packaging beverages.

 

   Newsprint -   Paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisement and other matters of public interest. Magazines and periodicals as well as all other paper products of any nature are not considered "newsprint."

 

Person       -   Includes a lessee or, other person in possession as well as an owner of real estate, and includes a person, firm or corporation which owns real estate.

 

Residence -      Any single family or other residential dwelling and any municipal, commercial or institutional establishment which generates municipal solid waste.

Recyclable -  Recyclable materials shall include, paper, Materials newsprint, glass, metal cans, plastic, yard

              waste, cardboard, plastic containers, and another material which may be defined as recyclable material pursuant to New York State Law.

    Reg. Mtg. #1      Mtg. #2            1/1/92           Page 4     Section 3. - Establishment of Program

 

The Town of Orchard Park hereby establishes a recycling program for the mandatory separation and collection of recyclable material from all persons and residences in the Town. Collection of the materials to be recycled shall be made periodically by the Town or its designated agent.

Section 4. - Separation; Placement for Removal

 

A.         Any person or the occupant or owner of any residence within the Town who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following requirements:

 

Glass, metal cans, plastics, cardboard and newsprints shall be separated and placed at the curb for

collection. Individual household units shall separate and prepare these materials for collection prescribed in the agreement between the Town of Orchard Park and its contractor for refuse and garbage collection and disposal and shall thereafter place these materials in containers, as hereinafter prescribed, to be placed at curb side to be collected at times designated by the Town.

 

 

B.       Receptacles for recyclable material required herein shall be placed prior to collection at the curb where they shall be readily accessible to the collector. The occupant or owner shall keep the receptacle clean and in condition for safe handling. The receptacle or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be removed from curb side promptly but not later than 7:00 p.m. of the day of collections.

C.         Compulsory Separation - Paper, newsprint, glass, metal cans, plastic, yard waste, cardboard, plastic containers and any other materials which may be defined as recyclable material pursuant to New York State Law shall not be placed in the same receptacle or container as or otherwise mixed with other forms of solid waste for collection, removal or disposal. The Town reserves the right to refuse to collect from individual household units municipal solid waste containing recyclable materials in combination with non-recyclable materials.

 

Section 5. - Ownership of Recyclable Materials

All recyclable solid waste placed by any person for collection by the Town pursuant to this Article and any regulations hereunder shall become the property of the Town at the time of placement at curb side.

 

Section 6.

 

All solid waste shall be placed at the curb in non-disposable containers.

 

Section 7. - Violation and Penalties

Any person who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $250.00 and/or imprisonment for fifteen (15) days.

 

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

Section 8. - Effective Date

 

This Local Law shall take effect immediately upon filing with the Office of the Secretary of State and be it further

 

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

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

8) 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 all entries on Warrant #24 - End of Year following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #24

GENERAL FUND                   $ 27,371.53

PART TOWN FUND                     1,515.98

HIGHWAY FUND                     10,000.00

SPECIAL DISTRICTS FUND            50,681.36

TRUST & AGENCY FUND              264,751.50

CAPITAL FUND                     75,000.00

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time Supervisor Mill stated the following:

It is apparent that the severe fiscal crisis that New York State is continuing to face will have a significant effect upon the Town of Orchard Park through reductions and eliminations of State aid programs. Additional financial burdens will be placed on the Town through increasing retirement, solid waste and medical benefit costs. While these pressures continue to increase, it is important for the Town to maintain a stable financial condition to:

.                    Ensure service levels are maintained

.                    Keep tax rates at a manageable level

.                    Protect the Town's Bond rating

.                    Ensure adequate cash flow for the day to day operation

 

 

Some planning steps, which have already been implemented, have helped the Town protect its financial condition which include, but not limited to:

          Reg. Mtg. #1              Mtg. #2               1/1/92         Page 6

 

Budget monitoring and cost projections - All department heads have continually been made aware of their budget status (i.e. - Budgets compared to actual expenditures). Cuts in spending are continually required through the budget year. Each department has been made aware as soon as possible of the budget lines that could be adjusted. Costs for settled union contracts, benefits and retiree health insurance have been projected for future years.

 

Capital planning - This is a process where consideration is given to many projects at a single time; prioritize the scheduling of such projects; evaluate alternatives to projects and compare alternative financing sources. Advantages which may be realized include:

.. Efficient allocation of limited resources.

.. Assists Town officials in making orderly decisions. .. Improves public participation and awareness.

 

.. Provides a control device so that financing can be coordinated and consolidated.

 

Development of a Long-Term Strategic Fiscal Plan - Such a plan should address the following:

 

.. Attempt to project costs and the Town's fiscal condition in three to five

years should service levels remain consistent, and evaluate whether Town

residents and businesses can continue to afford such services.

 

.. Identify essential services and prioritize the funding for such services.

 

.. Identify major tax, service level or labor-related decisions to be made to avoid future fiscal problems.

 

.. Identify appropriate debt limits and contingency reserves.

We in Town government must continue to watch and recognize the tell-tail signs of our economy and make those tough decisions that our constituents expect, in an effort to make this community financially sound.

 

 

 

 

 

 

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

Councilman Buyer requested the Town Board observe a moment of silence in honor of Diane McNamara Lang (widow of the late Raymond McNamara Esq. who served as Town Attorney from 1976 - 1983), who died 12/31/91. He also wished everyone a Happy, Healthy and Prosperous New Year

 

Councilwoman Ackerman made the following remarks:

 

Mr. Supervisor, Family, Friends and Orchard Park Citizens;

 

Last week I decided that one of the magical things about Christmas is that no matter how far behind you are, by the time it arrives, somehow everything is ready.

 

Since there seems to be some expectation that the newly elected should say a few words, I've been in somewhat of a quandary as to what to say since about 10:00 PM on November 5th. However, everything seems to have fallen into place, maybe because of some left-over Christmas magic, but more likely because I have it on good authority that nobody really wants to hear a speech anyway.

 

So let me say "thank you" to the people who believed in me, who have given me the opportunity to serve Orchard Park on this Town Board.

 

I'm sure that all of us sitting up here feel that the process of coming to this posi­tion has greatly expanded our understanding of our Town and Village; but at the same time, it is a very humbling experience that kindles in us a desire to do our very best.

 

And so in the nature of a true politician, although I would rather earn the title of Statesman, I'm moved to make a promise; I assure you that I will do my best to serve the greatest needs of the community, and I will try to make each decision with that criteria as my guiding principle. In doing so, I will try to be accessible to the people and be willing to discuss and articulate my thinking in the issues.

 

I guess this is turning into a speech after all, but just let me conclude by saying that I believe that the strength of the great experiment that is Democracy is that it is enhanced by the participation of the people. So I urge you all to help us serve the community by participating with us and being involved on whatever level you can.

 

We won't always agree on the issues, as our experience here today has demonstrated, and since we're all human, we will sometimes make mistakes, but if we can keep the dialogue open and freely flowing among us, both on the Board and among all of us as members of the community, we will strengthen and benefit our town.

 

I look forward to moving ahead with you to meet the challenges of the next years, as we all serve Orchard Park together.

 

Supervisor Mill wished everyone a Happy New Year, congratulated all the elected officials who were sworn in before the Organizational Meeting and welcomed the two elected Councilpersons to the Town Board. He invited everyone to enjoy refreshments in the foyer.

 

At this time Supervisor Mill recognized Donald Litwin, President of the Chamber of Commerce in the audience.

 

Mr. Litwin on behalf of the Chamber of Commerce presented the Town with paintings of each of the five Supervisors. The portraits, were painted by Jan Ables, daughter of Dr. Jack Ables, Principal of the Orchard Park High School. The Art Committee for the Municipal Center shall decide where these portraits shall be located.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 11:15 A.M. EST with a moment of silence in honor of the armed forces still stationed in the Middle East.

 

Respectfully submitted,

 

 

Betty K. Reukauf Town Clerk