Recycling - Any process by which materials, which would otherwise become solid waste, are collected, separated, and/or processed, treated, reclaimed, used or reused.

Authorized - A person, individual, partnership, or

Collector corporation or employer or agent thereof authorized by contract or license with the municipality to collect solid waste from residential, commercial, and institutional properties as herein defined under the terms and conditions of this Local Law. In the event of municipal collection, this definition shall include the governing body and employees thereof.

Section 3. - Establishment of Policy

The Town of Orchard Park hereby establishes a recycling policy for the mandatory separation and collection of recyclable materials from all persons and waste generating units.

Section 4. - Separation; Placement for Removal

A. Any person or occupant or owner of any waste generating unit within the Town who shall place for collection any recyclable materials shall do so in strict conformity with the following requirements:

Recyclable materials shall be separated from municipal solid waste and placed at the road side for collection. Waste generating units or persons shall separate and prepare recyclable materials for collection as prescribed in the agreement between the Town of Orchard Park and its Contractor for refuse and garbage collection and disposal. Waste generating units or persons shall place recyclable materials in containers, as hereinafter prescribed at road side to be collected at times designated by the Town.

B. Containers for recyclable materials required herein shall be placed prior to collection at road side where they shall be readily accessible to the collector. The occupant or owner of the waste generating unit shall keep the container clean and in condition for safe handling. The container or other items to be collected shall be placed at road side after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be removed from road side the same day. Containers shall be supplied by the owner or occupant of the waste generating units.

C. Each waste generating unit shall maintain and make available for the collection of recyclable materials at least one but not more than three plastic recycling bins, blue in color and approximately 19 inches long, 14 inches high and 13 inches deep.

D. Recyclable materials shall not be placed in the same container with municipal solid waste for collection. The Town reserves the right to refuse to collect from waste generating units municipal solid waste containing recyclable materials.

Section 5. - Ownership of Recyclable Materials

All recyclable materials placed at road side for collection pursuant to this Article and any regulations hereunder shall become the property of the Town at the time of placement at road side.

Reg. Mtg. #11 Mtg. #12 6/3/92 Page 3

Section 6. - Authorized Collectors; Obtaining a License

A. All authorized collectors must obtain a solid waste collection license from the Town of Orchard Park. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year, or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of a calendar year.

B. An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.

C. Authorized collector applications may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one (1) or more violations of this Local Law during the preceding calendar year.

D. All authorized collectors licensed by the Town of Orchard Park indemnify and hold harmless the Town of Orchard Park for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this Local Law.

E. Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide municipal solid waste services at the same times and on the same days as services are provided to their customers for solid waste collection.

F. Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of municipal solid waste and recyclable material from its residential, commercial, industrial, and institutional customers.

G. Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the road side.

Section 7. - Violation and Penalties

A. Penalties for violation of any provision of this chapter shall be as follows:

1. A warning notification for the first violation.

2. A $25.00 fine for the second violation.

3. A $50.00 fine for the third violation.

4. A $100.00 fine for the fourth violation.

5. A $250.00 fine for the fifth violation.

B. In the event of succeeding and continuing violations, any person who shall be convicted of violating or failing to comply with the provisions of this chapter shall be liable to a fine of $250.00 per day.

C. In addition to the financial penalties imposed above, all collectors of solid waste shall refuse to collect materials which are improperly separated and/or prepared.

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.

At this time Supervisor Mill thanked the members of the Town Board for working so hard to prepare the proposed Local Law draft; the residents for concern and interest in recycling and the Orchard Park Chamber of Commerce and League of Women Voters for their input.

Councilman Barnas stated everyone has worked very hard to try to draft a very good ordinance. One public hearing was held and a number of changes have been made based upon input from the residents. Copies were sent to Janelle Lundgren, head of Erie County Solid Waste Management Board and she thought it was very good.

Councilwoman Ackerman stated the proposed law is very simple, short, sweet and to the point. She thanked the Town Attorney for his patience throughout the process of preparing the ordinance draft.

PROPONENTS

No one spoke.

OPPONENTS

No one spoke.

At this time, the following spoke:

1. Henry Dinder, 4270 Abbott Road - complimented the Town Board for putting the legislation together. He requested information on hazardous wastes and plastic materials. The State D.E.C. identifies hazardous wastes and number classifications are on the bottom of the plastic containers.

2. Richard Hacker, 7284 Milestrip Road - questioned if the contractors are mandated by law to recycle and why our contractor many times will not take stapled magazines and/or milk gallon jugs.

Councilman Barnas stated he will check with contractor and be in touch with him.

3. Bob Frantsits, 4270 California Road - questioned if there would be any changes in the way the garbage will be picked up.

Supervisor Mill stated he has had calls requesting the Town to research the possibility of. Senior Citizens to be able to use recyclable garbage bags to put out their items for recycling.

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

RESOLVED that the Public Hearing in the matter of the adoption of Local Law #2-1992 be and is hereby closed at 8:29 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

2) 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 adopt Local Law #2-1992 which Local Law provides as follows:

RECYCLING LOCAL LAW Section 1. - Purpose

The collection of recyclable materials from all persons and waste generating units in the Town will serve the general public interest by reducing the volume of municipal solid waste and protecting the environment. This local law is intended to comply with the mandate of the State of New York for recycling.

Reg. Mtg. #11 Mtg. #12 6/3/92 Page 5

Section 2. - Definitions

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

Recyclable - Those clean, non-contaminated materials

Materials designated by the Town Board as requiring separation from municipal solid waste at the source. They include but are not limited to newspapers, corrugated cardboard, clear glass bottles and jars, metal food and beverage cans, plastic containers designated #1, 2 and 3. The above list of materials may be modified by resolution of the Town Board, as the need arises.

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.

Waste - Any single family or other residential dwelling

Generating and any municipal, commercial or institutional

Unit establishment which generates municipal solid waste.

Municipal - All putrescible and non-putrescible materials

Solid Waste that have been discarded or rejected including but not limited to garbage, refuse and rubbish. Not included are hazardous wastes as defined by New York State Department of Environmental Conservation.

Recycling - Any process by which materials, which would otherwise become solid waste, are collected, separated, and/or processed, treated, reclaimed, used or reused.

Authorized - A person, individual, partnership, or

Section 3. - Establishment of Policy

The Town of Orchard Park hereby establishes a recycling policy for the mandatory separation and collection of recyclable materials from all persons and waste generating units.

Section 4. - Separation; Placement for Removal

Section 5. - Ownership of Recyclable Materials

All recyclable materials placed at road side for collection pursuant to this Article and any regulations hereunder shall become the property of the Town at the time of placement at road side.

Section 6. - Authorized Collectors; Obtaining a License

B. An authorized collector sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized collector.

customers.

G. Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the road side.

Section 7. - Violation and Penalties

A. Penalties for violation of any provision of this chapter shall be as follows:

1. A warning notification for the first violation.

2. A $25.00 fine for the second violation.

3. A $50.00 fine for the third violation.

4. A $100.00 fine for the fourth violation.

5. A $250.00 fine for the fifth violation.

C. In addition to the financial penalties imposed above, all collectors of solid waste shall refuse to collect materials which are improperly separated and/or prepared.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - American Red Cross - Use of Yates Park for life guard competition. Removed from agenda pending the Town Board's receipt of more information.

New Business #2 - Burgwardt Constr., Short Drive - Off premise sign.

3) 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 refer to the Planning Board and Conservation Board the request from Burgwardt Construction Inc. for approval of an off premise sign for 9 Short Drive.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Summer Recreation Staff appointments.

4) 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 the following resident appointments to the Summer Recreation Staff as recommended by the Recreation Director:

NAME ADDRESS POSITION RATE HR

Brigid Severson 17 Old Farm Rd. Grd. $4.50 30

Lara Wutz 3274 Baker Rd. Grd. $4.50 30

Amy Pieczonka 141 Sunset Sub/Grd. $4.50 -

Bobby Wellington 6711 Jewett Holmwood B/B Aide $4.25 30

Mark Hogan 6 Timberlake Sail-Aide $4.50 30

Dena Goffman 12 Creekside Dr. Grd. $4.50 30

Mara Mariani 8 Pinewood Dr. Grd. $4.50 30

Melissa Coffey 49 Lakewood Dr. Plgrd/Dir. $5.20 35

Lisa Dunham 2 Timothy Dr. Aide $4.25 35

Kim Poplawski 17 Ventura Aide $4.25 35

Amy Trawinski 57 Lakewood Dr. Dir. $5.20 35

Daryl Blowers 37 Royalcrest - $5.20 30

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - RE: Legislation to freeze utility values at 1991 levels. Removed from agenda pending the Town Board's receipt of more information.

New Business #5(not on agenda - Purchase of body truck by Highway at State Bid.

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 approve the request from the Highway Superintendent to purchase a 10 wheel, 18' body truck from Tracey GMC, Syracuse N.Y. at State bid at a cost not to exceed Sixty-two Thousand Four Hundred ninety-one ($62,491.00) Dollars.

Before the vote was taken, Councilwoman Ackerman stated this price was approximately $10,000.00 less than the anticipated cost.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 declare the following item as surplus:

one (1) 1989 I.B.M. AS400 Model B-10 Computer Main Frame

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #11 Mtg. #12 6/3/92 Page 9

7) 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 direct the Supervisor to solicit bids for the sale of the following surplus item:

one (1) 1989 I.B.M. AS400 Model B-10 Computer Main Frame

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill reported the Town has received $2,500.00 from the promoters of the Greatful Dead to compensate for the large overtime expense incurred by the Police Department for protection during the day of the concert. The Town shall be making another request from the promoters of the next concert. At a meeting with the Bills it was noted that the County receives 8? sales tax on all these tickets, which if divided like the regular sales tax, the Town of Orchard Park should get some of this returned.

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 approve the request from the Highway Superintendent to take measures to correct the drainage problem in the

Deer Run - Eagle Ridge area at a cost not to exceed Three Thousand five Hundred Dollars ($3,500.00) to be funded from a/c A8540.000.400 Town wide Improvements.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, plans and specifications for the Improvements to Hillside Avenue - Installation of Concrete Gutters project have been completed, and

WHEREAS, the contract involves the installation of approximately 6,600 L.F. of concrete gutters which will be financed through the Community Development Block Grant Program, and

WHEREAS, this is the only portion of the Hillside Avenue Rehabilitation Project which will be under contract: (engineering estimate = $60,000) as the remainder of the construction will be completed by the Town Highway Department forces.

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on 6/25/92 at 11:00 A.M. EDT in the Supervisor's Conference Room for the installation of concrete gutters on Hillside Avenue as recommended by the Town Engineer, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice of said bid opening in the Southtown Citizen, Buffalo News and the Buffalo Challenger.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) 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 receive and file the following communications as entered on the agenda:

1. Village of Orchard Park - Notification of Public Hearing 6/8/92 to rezone property located on Taylor Road at North Buffalo Road from R-2 and B-1 Commercial to B-1 Commercial.

and also the following communication not listed on the agenda:

1. Town of Eden - adopted resolution in support of allowing Erie County Water Authority to operate a Geographic Information System.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) 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 receive and file the following report as entered on the agenda:

1. Building Permits and Building Inspector's Monthly Report for May 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time Supervisor Mill recognized Thomas Boyd, former North Collins Supervisor and now Aide to County Legislator Frederick Marshall, in the audience and welcomed him to the meeting.

BUSINESS FROM THE FLOOR

1. Mrs. McCulle, 6029 Quaker Hollow - Requested the placement of a street sign at the corner of Webster Road and Quaker Hollow because it is almost impossible to find any of the residents who live on these streets not only by friends but by delivery companies etc.

A discussion was held by members of the Town Board, Town Highway Superintendent and Engineer and it was decided that the Supervisor shall be in contact with the developer and will get back to Mrs. McCulle.

2. Mary Jarocha, 5409 Chestnut Ridge Road - Appeared before the Town Board to voice her dismay and outrage that not one of the Town Board members attended the funeral of Charles Schohl, longtime Orchard Park resident and former Town Justice.

3. Henry Dinder, 4270 Abbott Road - Expressed his concern and need for more input from the Elected Officials into School Board business. Enough is enough!

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:55 P.M. EDT with a moment of silent prayer in memory of Charles Schohl, former Town Justice.

Respectfully submitted,

BettyK. Reukauf Town Clerk