Reg. Mtg. #9 Mtg. #10 5/6/92 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 6th day of May, 1992 at 8:00 P.M. EDT and there were
PRESENT AT ROLL CALL: D. J. Mill Supervisor
J. J. Mills Councilman
P. D. Barnas Councilman
D. M. Buyer Councilman
N. W. Ackerman Councilwoman
Betty K. Reukauf Town Clerk
L. Berkowitz Town Attorney
R. W. Sweet Building Inspector
R. C. Henning Chief of Police
M. R. Merritt Town Engineer
ABSENT: R. A. Geitter Supt. of Highways
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 4/1/92 and 4/15/92, as presented by the Town Clerk, be and are hereby approved, and be it further
RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - Award bid for one new truck mounted 1500 gallon sewer flusher.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, bids were received on April 23, 1992 for a 1500 gallon sewer flusher truck for the Sewer and Water Department, and
WHEREAS, the successful bidder is to furnish all equipment, materials, work and transportation necessary to deliver a completed flusher truck mounted on a cab and chassis purchased by the Town under state bid contract, and
WHEREAS, based upon an extensive evaluation of the features listed, the Sewer and Water Department Crew Chief has recommended the flusher unit provided by Roberts Equipment, Inc. and the two lower bids should be rejected because they failed to meet the bid specifications
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to award the bid for a 1500 gallon sewer flusher for the Sewer and Water Department to Roberts Equipment, Inc., 829 Sheridan Drive, Tonawanda, N.Y. they being the lowest responsible bidder thereof, meeting the specifications at a cost not to exceed $39,898.00 and as recommended by the Town Engineer.
Before the vote was taken, a discussion was held by the Town Board, and the Engineer to clarify the reasons why Roberts Equipment Inc. received the bid award as follows:
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 2
Personnel from the Sewer and Water Department invested quite a lot of time in researching sewer flusher trucks before drafting the bid specifications which were used and the Town had demonstrations of seven (7) different models of flushers (including the four who submitted bids) prior to developing the specs. The specifications used were based on observed performance in the field, quality of components, ease of operation, versatility, durability, adaptability to Orchard Park's existing sewer system and topography, ease of maintenance, and most of all safety features for the protection of the workers.
The lowest bidder, MVR Equipment, fails to meet the specifications in several major areas:
- The tank is only 3/16" steel and has two pieces bolted together, sealed with a gasket and only a 1 year warrantee. It is square and has only one opening and has a high center of gravity and has c poor appearance. The water fill is not on the curb side. It is not really designed to fit on the truck body the Town will provide.
- The hose reel does not articulate so access to off the road manholes will be more difficult.
- The pump utilizes hydraulic hoses which can easily be damaged and will be a maintenance headache.
- Poor tool box design and location. - Delivery period too long.
- They do not have a service department, only a storefront where parts can be ordered.
The next lowest bidder, Cyncon Equipment, is a new design on the market using a radical concept (according to their own literature). There are presently no such units in service anywhere and I do not believe it would be good practice for the Town to be involved in such an experiment. They do not meet specifications in the following areas:
- The tank is plastic secured by 4 nylon straps (not welded to the truck frame as in steel tanks) and comes with only a 5 year warrantee. This would be a future repair problem if the plastic shell is dented, punctured or otherwise becomes deformed. It does not have any inspection ports nor a ladder for access. When loaded, the weight distribution will be too much over the rear axle and may not meet DMV codes.
- Hose reel rotates on a fixed axis attached to the center of the rear bumper. Does not provide specified 9' swing for manhole access. Reel motor mounted on bottom of reel at very low level where can be easily damaged when maneuvering truck.
- PTO drive is engaged by cable instead of air driven - maintenance/ repair problem.
- Water pump is belt driven instead of gear driven from the split-shaft for the PTO and its location is very poor for servicing. The system does not come with cold weather recirculation which could cause freezing problems and extra wear and tear on parts.
- The service location (Rochester area) is not convenient.
Both of the two lowest bidders should be disqualified because of failure to meet the Town's specifications. Our specs had good reasoning and purpose behind them and if the two lowest bidders' quality of equipment were allowed, it would be patently unfair to the other two bidders who essentially complied with the specifications and to other companies who chose not to bid because their standard equipment could not match the specs.
Attached is a bid comparison table showing the prices quoted by each of the four bidders along with a listing of the major components provided by each company as to whether or not it matches the specifications detailed by the Town.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 (not on agenda) - Award bid for Cab & Chassis for sewer flusher.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board did schedule a bid opening on 4/23/92 for a 1500 gallon sewer flusher truck for the Sewer and Water Department, held said bid opening and awarded the bid for the 1500 gallon sewer flusher to Roberts Equipment Inc., 829 Sheridan Dr., Tonawanda, N.Y., and
WHEREAS, the successful bidder must furnish all equipment, materials, work and transportation necessary to deliver a completed flusher truck mounted on a cab and chassis purchased by the Town under state bid contract
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to approve the purchase, under state bid contract, of one (1) new, 1992 diesel engine International Model 4700 4 x 2 cab and chassis from Hanson International Trucks, Inc., 2545 Walden Avenue, Buffalo, N.Y. at a cost not to exceed $27,633.00 as recommended by the Town Engineer, which combined with the sewer flusher bid of $39,898.00; results in a total cost for the vehicle to $67,531.00, well under the $75,000.00 originally budgeted.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Award bid for Police Uniform Parts.
3) 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 award the bid for Police Uniform Parts to United Uniforms, 495 North French Road, Buffalo, N.Y. as recommended by the Police Chief, they being the lowest responsible bidder thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 4
Old Business #3 - Stable Permit Application - Frederick & Judy Ressel.
4) 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 Stable Permit #8-1992 application from Frederick and Judy Ressel, 5980 Armor Road, Orchard Park as re-commended by the Building Inspector.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - Eagle Heights West, temporary sales trailer.
5) 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 deny the request from Eagle Heights West for a temporary sales trailer to be located on the southwest side of the property near the retention pond.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Schedule public hearing for proposed Recycling Law.
6) 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 schedule a public hearing on June 3, 1992 at 8:00 PM EDT in the matter of the adoption of Local Law #2-1992, which Local Law provides as follows:
PROPOSED 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.
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
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.
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.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 7
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.
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1 - Summer Recreation Staff Appointments.
7) 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 the appointment of the following residents to the 1992 summer Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POS RATE HR
Mara McGuire 3021 Baker Rd. D/C Dir. $5.20 30
Shirley Moody 90—2 Carriage Dr. Aide $4.25 30
Chris Mroczka 130 Tanglewood Grd. $4.50 30
Elizabeth Murchison 137 Tanglewood Grd. $4.50 30
Diane Jahnke 50 Summit Ave. Grd. $4.50 30
Jenny Poynton 24 Quaker Lake B/B aide $4.25 30
Mike O'Connor 16 Kathryn Dr. B/B aide $4.25 30
Karen Olhoeft 68 So. Lane Grd. $4.50 30
Anne Magavero 11 Timothy Aide $4.25 30
Diane Patterson 5139 Lake Ave. Aide $4.25 3
Rebecca Murphy 8 Hillsboro Aide $4.25 30
Colleen Vogel 6 Ridgewood Dir.P/G $5.20 35
Alison Winistorfer 41 Green Lake Aide $4.25 30
Matthew Bystrak 5718 Lake Ave. Aide $4.25 30
Kevin Jewell 8 Thomaston Lane Guard $4.50 30
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 8
New Business #2 - Town Clerk & Deputy attend Sporting License Seminar.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to approve the request for the Town Clerk and her Deputy to attend the Sporting License Seminar at Hamburg, N.Y. on 5/27/92 at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 - Town Clerk & Deputy attend Bingo Seminar.
9) 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 the request for the Town Clerk and her Deputy to attend a Bingo Seminar at Amherst, N.Y. on 6/11/92 at town expense.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 & #5, #8 (not on agenda) - Referrals to Planning Board.
10) 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 following items as entered on the agenda:
#4 - Abbott Road Animal Hospital, 3816 Abbott Road: requests building permit for a 1,750 sq.ft. addition to present facility.
#5 - Zaepfel-Krog, 3 Cobham Drive: requests building permit.
and
#8 - Paul Schaller, #30-#44 Juniper Lane: requests Special Exception Use on R-3, present zoning.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 - "Nursing Home Week" Proclamation.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
Whereas, nursing facilities throughout the state provide dedicated, professional
care for the aged and the infirm, and these long-term care facilities have
assumed a leading role in upgrading the standards of the services for the
elderly and the chronically ill; and
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 9
Whereas, member homes of the New York State Health Facilities Association and their professional staffs are providing the highest level of care for more than 40,000 residents in over. 260 nursing facilities; and
Whereas, in observance of National Nursing Home Week, hundreds of nursing home residents, staff personnel and volunteers will be conducting Open House programs and other special events with the theme "A Celebration of Quality";
Resolved, that the Town of Orchard Park does hereby join the American Health Care Association and the New York State Health Facilities Association in celebrating NATIONAL NURSING HOME WEEK, May 10-16, 1992 in honor of the nurses, administrators and other skilled professionals in these facilities who provide such excellent care to their residents;
Now, therefore be it
resolved, the week of May 10-16, 1992 is hereby proclaimed "Nursing Home Week" in the Town of Orchard Park.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 - Orchard Park Schools - Use of voting machines for Budget vote.
12) 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 the request from Orchard Park Central Schools for the use of 6 voting machines for the annual school budget vote on 6/3/92.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #9 (not on agenda) - Changes re: providing surveillance of security/fire.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town of Orchard Park has provided surveillance of security/fire alarm systems for businesses and residences in the Town of Orchard Park for many years; and
WHEREAS, the Town is desirous of providing as much protection as possible for all inhabitants and businesses of the Town of Orchard Park; and
WHEREAS, recently, the Town has incurred substantial charges in providing surveillance of security/fire alarm systems; and
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 10
WHEREAS, this Town Board has determined that those parties who receive the benefit of the security/fire alarm system should pay directly for such system;
NOW, THEREFORE, BE IT RESOLVED, that each business or resident which is served by a dedicated line providing surveillance of a security/fire alarm system through the Orchard Park Police Department shall execute an agreement with the Town of Orchard Park to secure such service; and
BE IT FURTHER,
RESOLVED, that the annual fee that each owner or occupant of a premises receiving such service shall pay the sum of $250.00 per year beginning July 1, 1992; and
BE IT FURTHER
RESOLVED, that, because of the public service provided by the Orchard Park Fire Department and the Orchard Park School District, no fee shall be paid for the service referred to in this Resolution by the Orchard Park School District or the Orchard Park Fire Department.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) 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 as recommended by the Town Auditor:
$1,990.00 from A1910.480 (Contingent) to Al220.480 (Appraisal Update)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
"A week ago this evening this Board had a review of our annual financial report for the year 1991. This annual meeting with the Town's independent auditors is a total review of the financial status of the Town and an in depth review of the previous budget year.
Over the past months I have been discussing a five (5) year tax stabilization plan for the Town of Orchard Park with our accountant and more recently with the Town Board.
The severe cutbacks in New York State revenue sharing to local governments during the last two years have created an environment of uncertainty and fiscal instability for the management of local governments.
This environment has resulted in local government legislative boards becoming reluctant to initiate any new programs such as:
public improvements
property acquisitions
new public service programs historic preservation
rehabilitation
economic development
The local governments will not be comfortable in initiating new programs in any of those areas without having some sense of their fiscal capacity for such actions. There is a general feeling that State support will continue to drop. This concern, combined with a flat economic outlook, has legislative members extremely concerned about their governments future tax rates, fund balance levels and debt capacities.
Each local unit of government has a clear need to project their financial operations for at least a 5 year period. This will provide them with a broad picture of their fiscal ability to act and react to the many diverse needs of their residents and business entities.
As a result of our meeting regarding the Town's financial status and the review of the 1991 budget year and after much input by this Board regarding the five (5) year tax stabilization plan I will be asking approval by this Board on a resolution re-questing that our State Legislature enact special legislation which provides for the establishment of a "tax stabilization reserve" fund for our Town. I would like to provide some background and an explanation of this request.
As you well know, the State of New York has made some substantial cuts in the amounts of State Aid being made available to local governments over the past three years. This had created an environment of fiscal instability and severe concern among our local governments.
During 1991 our Town Board reacted to these cuts with a series of meaningful budget actions. These budgetary moves, combined with some unanticipated favorable revenue variances, has left our General Fund with a significant fund balance as of December 31, 1991. This situation was reviewed with the entire Town Board by our independent auditing firm, Deloitte & Touche.
As a result of those discussions, the Town Board has unanimously decided to pursue the implementation of a "tax stabilization reserve". In effect, we are planning to set aside restricted funds in a special reserve to be used for one purpose only.
That exclusive purpose is to control our General Fund tax rate for a five year period (1993 to 1997).
We are planning to transfer $825,000 into this reserve during 1992. Those funds, combined with estimated investment earnings on same, are projected to allow us to present annual General Fund Budgets for the next five years reflecting a maximum tax rate increase of 3%. I stress the word maximum. Obviously, the Town Board intends to stay even below that 3% level, if deemed practical in any particular year.
We are pursuing this unprecedented action for several reasons:
During this period of government fiscal instability, our residents and our businesses deserve some comfort as to the future levels of town taxation.
Funds, carefully reserved under this process, cannot be "raided" for "pet projects" or "political" one-time tax rate cuts.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 12
· Funds reserved with a 2/3 Town Board vote cannot be easily reversed by any newly elected Town Board Members.
· A reserve of this nature will clearly enhance our bond rating and provide for reasonable costs of borrowing should new Town debt be authorized.
Coincidental with our consideration of such a reserve, the State Comptroller has proposed similar enabling legislation for all local governments. While some of the financial parameters differ, the basic purpose of his proposed reserve is similar to ours. Our Town Board is so committed to this process, that should the requested special legislation fail, we are prepared to establish the reserve solely on our local initiative during 1992.
While we recognize that we have to continue to monitor difficult budgets for our Highway and Special Districts Funds, we feel that this "lid" on future General Fund tax rates should be a source of considerable relief to our Town residents and business community. We are proud to introduce this procedure.
I have personally discussed this matter with Senator Cook, Chairman of the Local Governments Committee in the Senate and sponsor of the bill and Assemblyman Pordum, Chairman of the Local Governments Committee in the Assembly. In addition I have discussed this bill and the request of the Town of Orchard Park with Senators Volker and Stachowski and Assemblymen Keane and Reynolds in an effort to gain support for the bill for our request for special legislation."
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town Board of the Town of Orchard Park has reviewed the annual financial report for the year 1991, and
WHEREAS, the Town Board has reviewed the financial status of the Town and an in depth review of the previous budget year with their independent auditors, and
WHEREAS, there is a general feeling that State support will continue to drop and this concern, combined with a flat economic outlook, has legislative members extremely concerned about their governments future tax rates, fund balance levels and debt capacities
NOW, THEREFORE, Be it
RESOLVED that the Town Board be and is hereby authorized to petition the State Senate and Assembly to adopt the following legislation amending the General Municipal Law and the Town Law authorizing the Town of Orchard Park to establish a Tax Stabilization Reserve Fund, effective for the 1993 budget year:
SPECIAL ACT
FOR
THE TOWN OF ORCHARD PARK
This Act amends the General Municipal Law and the Town Law in relation to authorizing the Town of Orchard Park to establish a tax stabilization reserve fund.
The People of the State of New York represented in Senate and Assembly do enact as follows:
Section 1. Tax stabilization reserve fund for the Town of Orchard Park. As used in this section:
a. "Annual budget" means the annual budget or estimate, as finally adopted, by the Town Board of the Town of Orchard Park.
b. "Base year" means the most recent fiscal year for which an annual report has been filed by the Town of Orchard Park with the State Comptroller pursuant to §30 of the General Municipal Law.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 13
c. "Chief Executive Officer" means the Supervisor of the Town of Orchard Park.
d. "Chief Fiscal Officer" means the Supervisor of the Town of Orchard Park.
e. "Eligible portion of the annual budget" means the general fund portion of the annual budget.
f. "Tentative budget" means the tentative budget prepared pursuant to S106 of the Town Law.
g. "Voting strength" means the aggregate number of votes which all the members of the Town Board of Orchard Park are entitled to cast.
2. The Town Board of the Town of Orchard Park, by resolution subject to permissive referendum, may establish a tax stabilization reserve fund for the Town of Orchard Park. Such permissive referendum shall be governed by Article 7 of the Town Law.
3. There may be paid into the tax stabilization reserve fund such amounts as may be provided therefore by unappropriated cash surplus in the eligible portion of the annual budget and such other revenues as are not required by law to be paid into any
other fund or account; provided, however, that no amount may be appropriated for payment into a tax stabilization reserve fund which would cause the balance of the fund to exceed 15% of the eligible portion of the annual budget for the fiscal year for which the appropriation would be made.
4. a. The monies in a tax stabilization reserve fund may be expended only pursuant to an appropriation for a purpose authorized by this subdivision. Such an appropriation shall be made only upon recommendation of the Chief Executive Officer and the adoption of a resolution appropriating the recommended amount by at least 2/3 of the voting strength of the Town Board of the Town of Orchard Park.
b. The monies in a tax stabilization reserved fund may be used to lessen or prevent any projected increase in excess of 3% in the amount of the real property tax rate needed to finance the eligible portion of the annual budget for the next succeeding fiscal year. The maximum amount of monies in the fund that may be used for this purpose shall equal the difference between the projected amount of such real property tax levy and the amount of the real property tax levy needed to provide a maximum tax rate increase of 3% to finance the eligible portion of the annual budget for the current fiscal year.
c. When preparing the tentative budget of the Town of Orchard Park, if the current balance of the tax stabilization fund, as shown by the statement of the Chief Fiscal Officer required by subdivision 5 of this section, exceeds 15% of the eligible portion of the annual budget for the fiscal year, such excess shall be used to reduce the amount of the real property taxes needed to finance the eligible portion of the annual budget for the next succeeding fiscal year.
5. The Chief Fiscal Officer shall account for the tax stabilization reserve fund separate and apart from all other funds of the municipal corporation. Such accounting shall show: the source, date and amount of each sum paid into the fund; the interest earned by such fund; capital gains or losses resulting from the sale of investments of the fund; the order, source thereof, date and amount of each appropriation from the fund; the assets of the fund, indicating cash balance and schedule of investments. Not later than sixty days after the start of each
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 14
fiscal year and at such times as may be required by the Town Board of the Town of Orchard Park, the Chief Fiscal Officer shall furnish to the Town Board of the Town of Orchard Park a detailed report of the operation and condition of the fund during the preceding fiscal year which shall include a statement of receipts and disbursements, and a statement of the balance of the fund as of the last day of such preceding fiscal year and such other dates as may be specified by the Town Board of the Town of Orchard Park. Not later than thirty days prior to the last day provided by law for the filing of the tentative budget, the Chief Fiscal Officer shall furnish to the Town Board of the Town of Orchard Park a statement of current balance of the fund.
6. The Town Board of the Town of Orchard Park is hereby declared Trustees of the money in the tax stabilization reserve fund and shall be subject to all the duties and responsibilities imposed by law on Trustees, and such duties and responsibilities may be enforced by any officer or taxpayer thereof
7. Any officer of the Town of Orchard Park shall be guilty of a misdemeanor if he or she willfully and knowingly causes the
Town of Orchard Park to:
a. appropriate monies from the tax stabilization fund for any purpose not authorized by this section;
b." expend any monies from the tax stabilization fund for a purpose other than that for which it was appropriated.
The provisions of this subdivision shall be considered to be in addition to any other penalties provided by law.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Mills applauded Supervisor Mill for researching and proposing this type of legislation.
Councilman Barnas stated this idea proves the Town of Orchard Park and this Board is willing to try new ideas and things to save the residents money - even if the State does not approve.
Supervisor Mill thanked each Councilman for their input, support and concern for the residents and commended all employees and Department Heads for their willingness to cut spending to a minimum.
Councilman Buyer read the following prepared statement:
Last week Wednesday, the Town Board received a presentation at its work session from representatives of the Orchard Park Police Dept., the Orchard Park Central School District, the Orchard Park Youth Bureau, and the Orchard Park Boys & Girls Club. The topic of the presentation was the D.A.R.E. program. D.A.R.E. stands for Drug Abuse & Resistance Education and is a program conducted by the Police Dept. during the school day in the school classroom.
The Drug Abuse & Resistance Education Program was created in 1983
as a joint venture of the Los Angeles Police Dept. & the Los Angeles School District. Based on the success of the program, it has since spread to all 50 states and several foreign countries. It is currently being offered in several towns in Erie County including Hamburg, East Aurora, and Buffalo who have come forward to offer their assistance to Orchard Park in starting a DARE program.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 15
The DARE curriculum is organized into 17 sessions conducted in the school classroom by a police officer. It includes topics such as Drug Use & Misuse, Resistance Techniques and Ways to Say NO, Media Influences on Drug Use and other appropriate subjects.
In Orchard Park, DARE will target 5th grade elementary school children. In doing so, it addresses the issue of drug use, including alcohol & tobacco, before most children have
encountered their first contact with drugs. It is a highly structured curriculum developed by health education professionals.
DARE uses uniformed police officers to conduct classes and in doing so, they serve as role models and have a high credibility on the subject of drug use. By preparing young children to resist substance abuse temptations which they may encounter later in their teen years, the DARE program enhances containment of the drug problem by reducing potential future demand for these substances.
During the past few months, considerable effort has been given to learn about the DARE program. It began with Chief Henning and later became a pet project of the Youth Bureau. The enthusiastic support of the Orchard Park Central School System was a major factor in bringing the DARE program forward. State Senators Stachowski & Volker have been very helpful as has the Hamburg Police Dept. who operate a very effective DARE program.
The Orchard Park Police Dept. through Chief Henning and Lt. Sam McCune, the Orchard Park Schools through Asst Supt. Robert Horvath, the Youth Bureau through Youth Director Tom McGinty, the Boys & Girls Club through Director Joe Hoch, and many others including myself, have endorsed the program and are ready to do whatever it takes to make it a success.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
Whereas drugs & other substance abuse is one of the most destructive and complex social problems facing our society today and
Whereas the education of young children on the destructive aspects of drug use and other substance abuse would enhance the containment of the drug problem by reducing demand for these substances and
Whereas the Drug Abuse & Resistance Education Program is an effective and successful format which addresses the need to educate young children and prepare them to resist the substance temptations they may encounter during their teen years and
Whereas in August 1991, Orchard Park Police Chief Robert Henning requested consideration of implementing a D.A.R.E. program in Orchard Park and
Whereas the Orchard Park Central School System has enthusiastically agreed to work with the Orchard Park Police Dept. to allow fifth grade students the opportunity to benefit from the D.A.R.E. program and
Whereas encouragement and support for this program has also come from the Orchard Park Youth Bureau, the Orchard Park Boys and Girls Club, the Orchard Park Jaycees, the Orchard Park Lions Club, State Senators William Stachowski & Dale Volker, U.S. Attorney Dennis Vacco, the New York State Division of Criminal Justice Services and numerous other respected organizations and individuals
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 16
Now therefore be it resolved that Orchard Park Police Chief
Robert Henning is herby authorized to undertake the implementation of a D.A.R.E. program to include a cooperative effort with the Orchard Park Central School System and other local private schools by selecting and sending an Orchard Park Police Officer for D.A.R.E. training in September 1992 and by scheduling the first D.A.R.E. instruction in the fifth grades to begin during the 1992-93 school year.
Before the vote was taken, Councilman Barnas stated he was honored to second this resolution.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) 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 award the bid for the sale of one (1) 1978 Pontiac vehicle, declared surplus, to Thomas J. Campion, 6696
East Webster Road, Orchard Park in an amount of Four Hundred one Dollar and fifty-one cents ($401.51), he being the highest responsible bidder thereof and as recommended by the Police chief.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill reported, after conferring with the Police Chief and the Town Attorney in the matter of the proposed Greatful Dead Concert scheduled for June 6th at Rich Stadium, he sent a letter to the promoters of said concert requesting reimbursement for extra police costs estimated to be at least $2,000.00.
Councilman Barnas stated he thought there would be no more concerts as a new turf had been laid.
Police Chief Henning said he has no knowledge of this, but believes they are considering two or more concerts this year.
Councilman Buyer stated he has been in touch with County Attorney NeMoyer to reaffirm the County cooperation in the matter of fencing off certain areas and was told the County will undoubtedly cooperate with us.
Councilman Mills reported the Ad Hoc Committee recessed until September and will at that time review the Mobile Home Ordinance. They will be recommending to the
Town Board in the fall some of their findings on the items they have been reviewing.
Councilman Barnas reminded the residents that a hazardous waste drop-off Center has been scheduled at the Erie County Garage on Saturday May 9, 1992 from 9am to 2pm. Councilwoman Ackerman 1] reminded residents to observe the fine art work done by students in the Orchard Park School System that are displayed in the Town Hall
building hallways, and 2] reported all the town offices are recycling all hygrade white paper.
Reg. Mtg. #9 Mtg. #10 5/6/92 Page 17
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, John Ray, 56 Park Place, a college student has worked for the Town in the Sewer & Water Department for the past two summers and has performed satisfactorily, and
WHEREAS, John Ray has applied for a summer job in the Sewer & Water Department again this year
NOW, THEREFORE, Be it
RESOLVED that the Town Board be and is hereby authorized to appoint Mr. John Ray, 56 Park Place, to a seasonal position in the Sewer & Water Department at a rate of $5.50/hour beginning May 26, 1992 as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, John Boncaldo, 103 Henning Drive, a student at Rensselaer Polytechnic Institute, majoring in mechanical engineering, has applied for a summer job in the Engineering Department
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to appoint Mr. John Boncaldo, 103 Henning Drive, to a seasonal position in the Engineering Department at a rate of $5.50/hour for a fourteen week period beginning May 18, 1992 as recommended by the Town Engineer.