Minutes

Village of Orchard Park

Board of Trustees

The regular meeting of the Board of Trustees of the Village of Orchard Park was held on Monday, June 8, 2015 in the Municipal Center, 4295 South Buffalo Street, Orchard Park, New York. Mayor Clinton called the meeting to order at 7:00 p.m. with the Pledge of Allegiance to the Flag.

Members present: Others present:

Mayor Jo Ann Litwin Clinton Dir. Of Public Works Michael P. Murphy

Deputy Mayor David A. Rood Clerk-Treasurer Mary Beth Jensen

Trustee Francis T. Hogenkamp Trustee Joseph R. Wales

Trustee Matthew J. Hartung

Mayor Clinton made the following announcement:

“Fire exits are located at the rear in the Board Room and at the doorway to the lobby. In the event of a fire, you will be notified by announcement on the public address system. If notified, please move in a calm and orderly fashion to the nearest exit.”

Moved by Trustee Wales, seconded by Trustee Hartung that the minutes of May 11, 2015 be approved as received.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Rood, seconded by Trustee Hogenkamp that the vouchers numbering 11859 to 11881 in Abstract # 19 of 2014-2015 in the amount of $54,560.17 and that the vouchers numbering 11882 to 11906 in Abstract #1 of 2015-2016 in the amount of $ 48,323.27 be paid as presented.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Comments from the floor of items not on the agenda.

Howard Rust (S Lincoln Ave) commented that he was sorry to hear that Andy Slotman had left employment in the Village, but was confident that Michael Murphy would do a great job.

Neil Heinan (148 Linwood) spoke regarding a drainage problem he has been having because of his neighbor at 170 Linwood Ave.

Mayor Clinton informed him that a letter had been sent to the owner of 170 Linwood and he submitted a drainage plan. Bruce Marchese (176 Linwood) would be interested in reviewing the plan; Mayor Clinton invited him to the Village office after the meeting.

Reports:

Moved by Trustee Rood, seconded by Trustee Hogenkamp that the reports of the Village Justice, Acting Village Justice, and Water Department for the month of May 2015 be received and filed.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

§  Director of Public Works – reported by Mayor Clinton that there would be a second free mulch day, hosted by the Town of Orchard Park on June 20. Village residents welcome.

§  Trustee Hartung welcomed Michael Murphy as Director of Public Works.

§  Trustee Wales reported that the celebrations committee is moving along on plans for the Summer in the Park events, soliciting local businesses to sponsor. He also welcomed Michael Murphy as Director, citing his many attributes and confident in his ability to handle the job well.

§  Deputy Mayor Rood reported that the Beautification Project on Bank Street is moving forward and the bid opening for the Safe Routes to School is June 16.

§  Trustee Hogenkamp welcomed Michael Murphy and reminded residents that the Village serves oversized floats at the Ice Cream Social.

§  Attorney Marshall had nothing to report.

§  Clerk Treasurer Jensen had nothing to report.

§  Mayor Clinton explained that former Director of Public Works resigned on May 29. The Village fiscal year begins June 1, so it was decided that due to budget constraints, and the possibility of paying for additional vacation time, etc… Mr. Slotman’s employment would terminate as of that day. Mayor Clinton called Michael Murphy who was on vacation and he agreed to fill the vacancy until a new hire was made.

Mayor Clinton appointed Michael P. Murphy as Director of Public Works for a one year term beginning June 1, 2015.

Moved by Trustee Hogenkamp, seconded by Trustee Hartung that the Mayor’s appointment be approved.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Wales, seconded by Trustee Rood be it resolved:

WHEREAS, the main reasons for the adoption of the New York State Electronic Equipment Recycling and Reuse Act was to assist local governments with managing the fast growing end-of-life electronics waste stream by relying on electronics manufacturers to fund a recycling infrastructure and relieve municipalities from the recycling and end-of-life management costs, and;

WHEREAS, the Act has succeeded in significantly increasing electronics recovery and recycling in the state, but unfortunately the collection infrastructure is rapidly shrinking as governments and other collectors are faced with mounting fees in the absence of consistent manufacturer funding and limited markets for cathode ray tubes (CRTs) and;

WHEREAS, the consequence, specifically following the January 2015 Disposal Ban, is significant as a growing number of municipalities such as the Village of Orchard Park are faced with bearing more of the financial responsibility for continued e-scrap collection in their communities, and;

WHEREAS, the Act requires, and the state relies on, electronics manufacturers to fund e-scrap recycling programs that are effective, continuous and reasonably convenient to all consumers across the state, and

WHEREAS, once manufacturers meet their performance standard, which in a number of cases is midway through the year, they no longer provide financial support to continue their programs, thus shifting management costs to unexpecting and cash strapped local governments, and;

WHEREAS, the issue is exasperated by the fact electronics currently sold today are much lighter than the obsolete CRT devices that make up about 70% of the weight of e-scrap generated, which are cost intensive to responsibly manage. As a result, many local governments across the state have grappled with the burden to fund or cease e-scrap collection, which has been particularly difficult in rural communities that do not benefit from retail collectors or economies of scale.

RESOLVED, that the Orchard Park Village Board of Trustees does hereby call upon Governor Cuomo, the New York State Assembly, the New York State Senate and the State Department of Environmental Conservation to improve the current law intended to build toward the long-term goals of creating a more stable and comprehensive, manufacturer implemented electronics recycling infrastructure by implementing actions to strengthen communication among stakeholders, clarify key statutory provisions in their present rulemaking efforts, and promote the adoption of the Proposed Statutory Changes to the Act to provide for year round, no cost collection of electronics, consistent with convenience standards for both rural and urban populations – that help alleviate the immediate financial pressures faced by local governments, and be it further

RESOLVED, that the Village of Orchard Park shall forward copies of this Resolution to the Honorable Governor Cuomo, Environmental Conservation Committee Chairman Thomas O’Mara, Honorable Senate Majority Leader Dean Skelos, Majority leader of Independent Democratic Caucus Jeff Klein, Honorable Senate Minority Leader Andrea Stewart-Cousins, Honorable Speaker of the Assembly Carl E. Heastie, Honorable Majority Leader of the Assembly Joseph Morelle, Honorable Minority Leader of the Assembly Brian Kolb, and the Western New York Delegation and Erie County Executive Mark Poloncarz and the Erie County Legislature.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Hartung, seconded by Trustee Wales that the Town of Orchard Park be authorized to organize a parade over Village streets on the 4th of July. The parade to assemble at 7:00 PM and lead off at 8:00 PM. The route to be from Baker Road to East Quaker Street to West Quaker Street to Lincoln Avenue to the Middle School grounds. Permission from the New York State DOT has been received and the Police Department will be notified of the parade and route. Permission contingent upon receipt of proper insurance certificates.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Rood, seconded by Trustee Hogenkamp that the following adjustments be authorized in the 2015-2016 budget:

·  Increase budget for account AA-41120-000 Sales Tax Revenue by $360

·  decrease budget for account AA-41030-000 Special Assessment Revenue by $360

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Moved by Trustee Hogenkamp, seconded by Trustee Hartung that Mayor Clinton be authorized to sign the revised tax warrant for the 2015-2016 tax levy and charges as follows:

Taxes $ 562,828.22*

Gaslights $ 2,750.00

Prior Exemptions Removed $ 1,672.99

Refuse & Recycling $ 162,195.00

Water District $ 165,746.00*

Stormwater Management Fee $ 43,110.00**

$ 938,302.21

** Storm Water Management Fees on the Tax Warrant be reduced by $360 to reflect changes due to merges and splits of properties, and *adjustments be made due to rounding in calculations ($.06)

Moved by Trustee Wales, seconded by Trustee Rood that a public hearing be scheduled for July 13, 2015 at 7 p.m. to hear public comment on Local Law #2, 2015, Unmanned Aircraft Systems.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

The next regular meeting is scheduled for June 22, 2015.

Moved by Trustee Wales, seconded by Trustee Hartung to adjourn at 7:21 p.m.

On the question: 4 voting “Aye” 0 voting “Nay” Carried

Respectfully submitted

Mary Beth Jensen

Village Clerk-Treasurer