04/08/2013 Town Board Meeting Hamburg, New York 1 A ... · 04/08/2013 Town Board Meeting Hamburg, New York 5 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hamburg

04/08/2013 Town Board Meeting Hamburg, New York 1

A regular Town Board meeting of the Town of Hamburg, County of Erie and State of New York was held at the Town Hall, 6100 South Park Avenue, Hamburg, New York on the 8th day of April 2013. 2. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board adjourn Executive Session at 7:03 pm and move into the regular meeting. ROLL CALL: Steven J. Walters Supervisor Joseph A. Collins Councilman Amy J. Ziegler Councilwoman

ALSO PRESENT: Catherine Rybczynski, Town Clerk;

Mary Dosch, Sr. Account Clerk; Kenneth Farrell, Town Attorney; Brian Attea, Deputy Town Attorney; Gerard Kapsiak, Town Engineer; Michael Williams, Chief of Police; Martin Denecke, Director of Recreation; Drew Reilly, Planning Consultant; Richard Krautsack, Deputy Highway Superintendent; Christopher Hull, Director of Community Development; Kurt Allen, Supervising Code Enforcement Officer; Robert Hutchison, Town Assessor; Tom Taylor, Senior Public Safety Dispatcher; Peter Reszka, Chairman of Planning Board; Jerry Giglio, Traffic Safety Consultant The Pledge of Allegiance was recited. Information on location of Fire exits was provided.


3. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board approve the minutes of the following meeting: 03/25/2013 Work Session 03/25/2013 Town Board Meeting 4. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, the Town Board authorize Police Officer Nicholas Borowski and ENDY, to attend the 2013 K-9 Seminar, to be held in Penn Yan, New York, May 5, 2013 – May 9, 2013. Cost of Seminar: $625.00 inc.: materials, lodging and meals) Tolls (approximate) $ 50.00 TOTAL $675.00 Use of Police K9 Vehicle for transportation is requested; Money is available in account B3120.492. 5. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following resolution was ADOPTED Ayes 2 Walters, Ziegler Noes 1 Collins RESOLVED, that the Town Board authorize the Supervisor to sign Section 6 of the PO- 17 form requesting Erie County Personnel to complete Section 7 for the classification of 2 full time Laborer positions for Buildings and Grounds. BE IT FURTHER RESOLVED, that the Supervisor is authorized to sign Section 8 of the PO-17 to complete the creation of these positions.


Councilman Collins questions the creation of new positions. Supervisor Walters responds that the Superintendent has stated the need for more laborers and less need for the higher classifications. So the number of employees will remain the same. Councilman Collins comments that they hired two laborers at the last meeting. Were there positions available for them? Supervisor Walters responds that yes there were. These would be two new on-deck positions. There will be people retiring and they want to place new people in at a lower position and rate. Councilman Collins explains that it was his understanding that they hired two people last week, temporary, and now they are creating positions to put them in. Supervisor Walters responds that there are positions, with a higher classification, available. 6. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board approve the membership of the following into the Newton Abbott Fire Company, Inc.: Joshua Choinski Shaun Minich Tim Nurmi 3596 Horton Ave. 3408 Bethford Drive 42 Fisher Road Blasdell, N.Y. 14219 Blasdell, N.Y. 14219 Lackawanna, N.Y. 14218 7. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 WHEREAS, the Town of Hamburg received an amended request from Pleasant Development LLC to rezone vacant property (formerly known as Cooper Ridge Nursery) located on the north side of Pleasant Avenue, west of the Thruway from R-A (Residential Agricultural) to R-2 (Single-Family Residence, Attached District) and R-3 (Multifamily District) in order to construct 30 single family attached homes, 80 patio homes and 168 multi-family units; and WHEREAS, the Town Planning Board issued a positive recommendation on SEQR and the rezoning request to the Town Board; and WHEREAS, on March 11, 2013 the Hamburg Town Board held the required public hearing and


received no comments from the public; and WHEREAS, the Hamburg Town Board, in accordance with the State Environmental Quality Review Act (SEQRA) has determined that the proposed rezoning and project will not adversely affect the natural resources of the State and/or the health, safety and welfare of the public and is consistent with social and economic considerations, based on information provided by the applicant and other Involved and Interested Agencies, and completion of Parts 1, 2 and 3 of a full EAF. NOW, THEREFORE, BE IT RESOLVED, that the Town of Hamburg Town Board hereby determines that the proposed rezoning is not anticipated to result in any significant adverse environmental impact and that the Negative Declaration is hereby issued and the Supervisor is authorized to sign the EAF. Councilman Collins wants to state his concern about environmental issues on the property. 8. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 WHEREAS, the Town of Hamburg received an amended request from Pleasant Development LLC to rezone vacant property (formerly known as Cooper Ridge Nursery) located on the north side of Pleasant Avenue, west of the Thruway from R-A (Residential Agricultural) to R-2 (Single-Family Residence, Attached District) and R-3 (Multifamily District). The rezoning is to allow the construction of 30 single family attached homes, 80 patio homes and 168 multi-family units; and WHEREAS, the Code Review Committee reviewed the application and found merit in the rezoning of this property; and WHEREAS, the Hamburg Planning Board issued a positive recommendation to the Town Board regarding this request; and WHEREAS, the Hamburg Town Board held the required public hearing on this proposed rezoning on March 11, 2013; and WHEREAS, the Hamburg Town Board has determined that the proposed rezoning will not result in any significant negative effect on the environment and has issued a Negative Declaration.


NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hamburg hereby rezones the lands identified as S.B.L. # 182.00-2-32-11 and 182.00-2-33 from R-A to R-2 and R-3 as indicated on the attached Exhibit Map prepared by Nussbaumer & Clarke, Inc. dated January 22, 2013 with the following conditions:

1. A deed restriction, as approved by the Town Attorney’s office, shall be placed on the property prohibiting the construction of two family dwellings on the lands zoned R-2.

2. Green space and open space as shown on the submitted Updated Color Concept Plan (Rezoning Exhibit Plan) prepared by Nussbaumer & Clarke, Inc. dated January 22, 2013 shall be preserved, and a permanent conservation easement, as depicted on the concept plan, shall be created in the name of the Town of Hamburg. This easement shall be reviewed and approved by the Town Attorney’s office, recorded at the Erie County Clerk’s office, and a recorded copy of the Declaration of Restrictions shall be provided to the Town Clerk’s office and the Town Attorney’s office.

3. No future access will be granted to the any other streets in the area except as shown

on the plan dated January 22, 2013, and the emergency means of egress shall be constructed as shown on the plans and be maintained by the Homeowners Association.

4. If any pond is to be deepened, the soils will be tested again before being deposited

on the site. If abnormally high readings are encountered, the soil will be disposed of per regulatory standards and requirements.

BE IT FURTHER RESOLVED that the Zoning Code of the Town of Hamburg be amended as follows: To amend Local Law #10 of the year 1986 of the Code of the Town of Hamburg Chapter 280 entitled “Zoning” to provide for a change in the boundary of the Zoning Map whereby the Zoning is changed from R-A (Residential Agricultural District) to R-2 (Single Family Residence- Attached District) and R-3 (Multifamily District) for the properties identified as S.B.L. # 182.00-2-32-11 and 182.00-2-33 as shown on the attached map dated January 22, 2013 .



9. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board approve the termination, and rehiring of personnel for the Youth, Recreation and Senior Services Department as follows: 1. Boswell, James Van Driver – Seas. (A6772) 03/31/2013 Terminate 2. Boswell, James Van Driver – P/T (A6772) 04/01/2013 $10.47 3. Parker, Nancy Rec. Attd. – Seas. (A6780) 04/05/2013 Terminate 4. Parker, Nancy Rec. Attd. – P/T (A6780) 04/06/2013 $9.75 5. Zdrojewski, Shannon Rec. Attd. – Seas. (ET7180) 03/20/2013 Terminate 6. Zdrojewski, Shannon Rec. Attd. – P/T (ET7180) 03/21/2013 $11.25 7. Wicka, John Rec. Attd. – P/T (ER7251) 04/12/2013 Terminate 8. Wicka, John Rec. Attd. – Seas. (ER7251) 04/13/2013 $10.75 9. Zoda, John Rec. Attd. – P/T (A6772) 04/08/2013 Terminate 10. Zoda, John Rec. Attd. – P/T (ER7251) 04/09/2013 $10.46 11. Reid, Gregory Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 12. Reid, Gregory Rec. Attd. – P/T (ER7251) 04/09/2013 $9.95 13. Sedor, Joseph Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 14. Sedor, Joseph Rec. Attd. – P/T (ER7251) 04/09/2013 $7.73 15. Martin, Jeffrey Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 16. Martin, Jeffrey Rec. Attd. – P/T (ER7251) 04/09/2013 $8.25 17. Kumiega, Mark Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 18. Kumiega, Mark Rec. Attd. – P/T (ER7251) 04/09/2013 $8.50 19. Joslin, Mark Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 20. Joslin, Mark Rec. Attd. – P/T (ER7251) 04/09/2013 $7.57 21. Gray, Alexandra Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 22. Gray, Alexandra Rec. Attd. – P/T (ER7251) 04/09/2013 $8.00 23. Denecke, John Rec. Attd. – P/T (EI7265) 04/08/2013 Terminate 24. Denecke, John Rec. Attd. – P/T (ER7251) 04/09/2013 $7.50 25. Lease, Ryan Rec. Attd. – Seas. (ER7251) 04/09/2013 $7.50 26. Markulis, Mark Rec. Attd. – Seas. (ER7251) 04/09/2013 $7.85 27. Picciano, Ronald Rec. Attd. – Seas. (ER7251) 04/09/2013 $8.50 28. Hall, Jessica Rec. Attd. – P/T (A6772) 04/08/2013 Terminate 29. Hall, Jessica Rec. Attd. – P/T (ET7180) 04/09/2013 $10.25


10. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board approve the termination and rehiring of personnel for the Assessing Department as follows: 1. Ginnetti, Debbie Clerk P/T 04/06/2013 Terminate 2. Ginnetti, Debbie Clerk Seasonal 04/07/2013 $9.48 11. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 WHEREAS, Sharma Development LLC, has requested the Hamburg Town Board to commence the required process to alienate parkland, comprised of a portion of the property dedicated to the Town of Hamburg by Brierwood Village, Inc., approximately twenty (20’) feet in width and approximately fifteen hundred (1500’) feet in length to allow an easement to be granted for a private sanitary sewer line that would connect the parcels owned by Sharma Development LLC at 2816 Pleasant Avenue [Tax Id. #181.00-3-11]; 2836 Pleasant Avenue [181.00-3-12] and 0 Southwestern Blvd., Hamburg, NY [Tax Id. #181.00-3-13] (“Project Site”) proposed for development as a medical office park (“Project”) to the existing public sanitary sewer infrastructure in the Coachmans Lane Right of Way, and WHEREAS, the Town of Hamburg does not have the power to enact such legislation by local law, NOW THERFORE BE IT RESOLVED that the Hamburg Town Board authorize a written home rule request to approve “An Act To Authorize the Town of Hamburg, County of Erie, to grant an easement over certain parkland in such town for a private sanitary sewer line to allow development of a medical park by Sharma Development LLC ”, and BE IT FURTHER RESOLVED that certified copies of this resolution be sent to New York State Senator Mark J. Grisanti and New York State Assemblyman Sean M. Ryan. Joe Kilian comments that when the Town alienates parkland is it not supposed to create more parkland?


Supervisor Walters responds that the developer is looking to run a sewer line and because this is granting an easement, alienation is required. The Town will still continue to own that parkland and it will continue to be used as parkland by the area residents. 12. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board authorize the Recreation Department to issue alcohol waivers for the following May Taylor Road rentals: 5/04/13 5/05/13 5/11/13 5/12/13 5/17/13 5/18/13 5/19/13 5/25/13 5/26/13 13. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 WHEREAS, the Commissioners of the Mount Vernon Sewer District (the "Commissioners") with the consent of the Town Board of the Town of Hamburg (the "Town Board") approved the dissolution of Mount Vernon Sewer District (the "District"), which went into effect March 31, 2013, and WHEREAS, following the dissolution of the District, the Town Board is now responsible for the management of the facilities of the former District, and the County of Erie is responsible for the operation and maintenance of the District pursuant to a previous Agreement among the Commissioners, the Town and the County, and WHEREAS, the Town of Hamburg will continue to contract with the County of Erie to have the County provide operation and maintenance of the District, and WHEREAS, the District had owned property located at 4863 Lake Shore Road, identified as S.B.L. No. 169.15-6-2, and WHEREAS, following the dissolution, all property of the District became the property of the Town, and


WHEREAS, the building on this property is a pump station, that is owned, operated, and maintained by the County of Erie, and for which the County of Erie has an easement from the District, and WHEREAS, the Town has no need or use for this property, NOW THEREFORE BE IT RESOLVED that the Town of Hamburg transfer the property located at 4863 Lakeshore Road, and identified as S.B.L. No. 169-15-6-2, to the County of Erie. BE IT FURTHER RESOLVED that Supervisor Walters is authorized to sign all necessary deeds and recording documents. BE IT FURTHER RESOLVED that pursuant to Town Law Section 64, this resolution is subject to permissive referendum. 14. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the town board approve the Audit of Cash Disbursements as follows:

TOWN BOARD AUDIT OF CASH DISBURSEMENTS APRIL 8, 2013

VOUCHER #'S OPERATING FUND: BATCH #50 $708.34 60708 BATCH #51 $35.00 60709 BATCH #52 $59,963.30 60710-60711 BATCH #53 $93,627.31 60712-60767 BATCH #54 $10,112.05 60768 BATCH #55 $70,386.90 60769-60806 BATCH #56 $10,579.35 60807-60833 TOTAL OPERATING FUND DISBURSEMENTS: $245,412.26 TRUST & AGENCY: TOTAL TRUST & AGENCY DISBURSEMENTS: $0.00 CAPITAL FUND DISBURSEMENTS:


TOTAL CAPITAL FUND DISBURSEMENTS: $0.00 PAYROLL: PR#P/R #7 $614,018.92 TOTAL PAYROLL DISBURSEMENTS: $614,018.92 PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $859,431.18 Reports from Town Board Members and Department Heads Councilman Collins reports that the Townwide Clean-Up will be held on Saturday May 4th. The Recreation Department is sponsoring a Scrap Collection to raise money for the Hamburg Recreation Foundation. Anyone in the Town that is doing some clean-up can let the Rejuvenation Committee know and they will make arrangements to have it picked-up and taken to the Nike Base. On the 11/14/2011 agenda they had a unanimous second honoring the Hamburg Hometown Hero’s. The Rejuvenation Committee is looking to raise money for more Hometown Hero Banners. Councilwoman Ziegler reports that on April 13th at 8:00 pm at J. P Fitzgerald’s is a fundraiser for the Dani-Fit Fitness Park with the proceeds to go towards the construction of a dani-fitness park at the Nike Base. The Lake Erie Seaway Trail Center wants to announce their Spring Open House to be held on Saturday April 27th from 2 pm to 8 pm. This is a free event to re-introduce the public to the building and site. There will be live music, food, basket raffles, a 50/50 raffle and activities for the kids. Supervisor Walters – no report Catherine Rybczynski, Town Clerk, reports that in the month of March the Town Clerk’s Office took in $72, 873.11 in revenue, of that $71,559.35 went to the Towns General Fund, $350.00 went to NYS Ags & Markets, $123.75 went to NYS Dept. of Environmental Conservation, two different amounts went to the Office of the State Comptroller - $585.00 for Bingo Licenses and $30.00 for Games of Chance Licenses and $225.00 went to the Department of Health for marriage licenses. Also in March, she transferred $24,337,798.23 into Erie County’s General Fund for the County’s portion of the taxes. She wants to remind everyone that Beach and Boat Launch stickers are available in the Town Clerk’s Office, along with the Fitness Center and that the Town Clerk’s Office still does Passport’s and Passport pictures.


Gerard Kapsiak, Town Engineer, reports that in regards to the Route 5 Gateway Entrance Project, which is otherwise known as the Clock Tower Project, that there was a construction meeting a couple weeks ago. Construction started last week on the project with the completion to be at the end of July. For the Railroad Quiet Zone along Rogers Road and Cloverbank Road, design was started two weeks ago by the consulting engineer for the project and they are expecting the project to be ready to bid, go to construction during the summer and be totally completed by November of this year. Rick Krautsack, Deputy Highway Superintendent, reports that the large trash pick-up starts the week of April 21st, more information is on the Town website. The State has increased the Town’s CHIPS funding for the year, which goes towards the paving of Town roads. Jerry Giglio, Traffic Safety Consultant, reports that the next Traffic Safety Meeting will be held on Thursday April 11th at 7:00 pm at which time they will discuss the request for a highway sign indicating no heavy truck traffic on Maelou Dr., the Sharma Medical Complex traffic plan, the Armor Tap Room proposal for an additional lot and complaints of a resident on Durham Road requesting a no parking sign and also a request by Heidi’s restaurant to discuss a parking issue. Thomas Taylor Public Safety Dispatcher, reports that Verizon will be removing the old 911 system from the computer room and they are working on connecting a line that was installed from the County and disconnecting the line from the old dispatch office which will get their new 911 program up and running. Marty Denecke, Director of Youth, Recreation and Senior Services, reports that they have Bison’s discounted tickets on sale, with some of the proceeds going to the Recreation Foundation. He wants to thank Pizza Hut for their continued sponsorship of the Youth Basketball League that runs in the summer for 400+ boys and girls. The golf course opened April 8th and will be open until November, weather permitting. The ice arena will close on April 10th and they will have the Sport Court in place in less than two weeks. Finally the Youth Bureau Awards dinner is scheduled for April 25th at Michaels Banquet Facility starting at 6:00 p.m. Christopher Hull, Director of Community Development, reports that they have placed Radio Ads on AM and FM stations concerning housing loans and first time homebuyers grants. They are offering $10,000 for first time homebuyer grants and also renovation loans. Any questions call his office. Chief Williams comments that, with Spring coming, please use extra care on the roads to look for pedestrians, bicyclists and joggers. Drew Reilly reports that the Agendas for the Planning Board are on the website. The projects to be discussed include the Willow Woods Subdivision, the Armor Tap Room parking lot, a special use permit for the existing Joe’s Auto facility, a 2-lot Subdivision on Woodland Ave., the Sharma Medical Park and a new Tim Horton’s.


New Business from the Floor Steve Strnad comments that he has asked for a list of overtime, paid to employees, and has not received it. Supervisor Walters comments that he has the list to give to him. Councilman Collins responds that he also has a list for him. Councilman Collins comments that he has been out of the loop with regards to the Planning and Zoning Departments. At the Re-organizational meeting he was assigned, as liaison, to specific departments, but the resolution further stated that the liaison assignments would be restored after the completion of necessary training as mandated. He has an Order to Show Cause, has a letter from Town Attorney Ken Farrell stating that there is no mandatory training for Town Board members, and asks to be restored as liaison to the departments and committees. Supervisor Walters responds that he is incorrect on all points. 15. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0 RESOLVED, that the Town Board adjourn at 7:35 p.m. ____________________________ Catherine A. Rybczynski, R.M.C. Town Clerk

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04/08/2013 Town Board Meeting Hamburg, New York 1 A ... · 04/08/2013 Town Board Meeting Hamburg, New York 5 NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hamburg