Town of Amherst - Granicus

Town of Amherst 5583 Main Street

Williamsville, NY 14221

Regular Meeting of the Town Board www.amherst.ny.us

Agenda Susan K. JarosTown Clerk

In the event of a fire or other emergency, please follow the exit signs that are provided in this room and throughout Town Hall. Upon exiting this room, the main exits are located to

the front and the rear of this building. Do not use the elevator during an emergency event.

This meeting is being tape recorded.

Monday, October 1, 2007 7:00 PM Amherst Municipal Building

Page 1

I. INVOCATION:Councilmember Schratz

II. PLEDGE OF ALLEGIANCE:Councilmember Schratz

III. ROLL CALL:7:00 PM Meeting called to order on October 1, 2007 at Amherst Municipal Building, 5583 Main Street, Williamsville, NY.

IV. MINUTESSeptember 17, 2007September 24, 2007 Special Meeting

Councilmember Ward to present Certificate of Recognition for Gene D. Morse on being appointed Associate Dean of Clinical and Translational Research in the School of Pharmacy and Pharmaceutical Sciences, SUNYAB.

V. PUBLIC HEARINGS:Speakers will be limited to 5 minutes.

Regular Meeting of the Town Board Agenda October 1, 2007

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Town of Amherst

1. Resolution 2007-648

7:00 PM Rezoning: 75 Maple Rd. From R-3 to OB, Michael & Melanie Bruno, Petitioners.


7:15 PM Rezoning: 6380 & 6420 Main Street From CF & OB to MFR-4A, Marrano/MarcEquity, Petitioners.


7:30 PM Proposed Local Law: to Provide an Assessment Exemption for Certain Residential Property Rehabilitation.


7:45 PM Proposed Local Law: to Establish an Amherst Committee on Disabilities.

VI. SUSPENSION OF RULES:This is an opportunity for residents to comment on any matter regarding Town Government other than those pertinent to Public Hearings. Speakers will be limited to 3 minutes.

VII. APPOINTMENTS TO BOARDS & COMMITTEES:

1. Assessment Review Committee (12)

11 temporary 9/30/07and 1 permanent 9/30/11

2. Calble TV (5)

2 appointments by each Town Board member. Terms to coincide with appointing Board member. Vacancies for Mohan, Bruch Bucki, Kindel, McGuire, O'Loughlin, Schratz, Ward.

3. Citizens Advisory Committee On Privacy (5)

1 appointment by each Town Board member. Terms to coincide with appointing Board member. 1 appointment for a Town Privacy Officer. Vacancies for Mohan, McGuire, O'Loughlin, Schratz, Kindel.

4. Citizens Review Commission (2)

2 appointments by each Town Board member. Terms to coincide with appointing Board member. Vacancies for Mohan.

5. Citizens Salary Review Commission (6)

1 appointment by each Town Board member. 2 year term. Vacancies for Mohan, Kindel, McGuire, O'Loughlin, Bruch Bucki and Ward.

6. Employee Suggestion Review Board.

7. Historic Preservation (2)

4 year term


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Town of Amherst

8. Information Technology Advisory Committee (2)

1 appointment by each Town Board member. Terms to coincide with appointing Board member. Vacancy for Kindel & Schratz.

9. Nature View Park Advisory Committee (2)

(2 appointments by each Town Board member. Terms to coincide with appointing Board member. Vacancies for Mohan & Schratz)

10. Real Diversity Commission (4)

1 appointment by each Town Board member. Terms to coincide with appointing Board member. Vacancies for Mohan Schratz, McGuire & O'Loughlin.

11. Suburban Open Space Committee (6)

1 appointment by each Town Board member. Terms to coincide with appointing Board member. 1 appointment by Town Attorney/Planning Vacancies for Mohan, McGuire, O'Loughlin, and Ward)

12. Senior Services Advisory Board (1)

13. Town/School Consolidation & Sharing Citizens Advisory Board (2)

1 appointment by each Town Board member. Terms to coincide with appointing Board member. Vacancies for McGuire, O'Loughlin.

14. Traffic Safety Board (1)

15. Youth Board (1 members, 2 youths)


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Town of Amherst

VIII. COMMITTEE REPORTS:

A. SUPERVISOR MOHAN Ph.D.:


Appointment to Real Diversity Commission


Appointment of Kenneth S. Jagodzinski to Cable TV Committee


Support of Animal Alliance of Western New York and Erie County SPCA


Ban on the Use of Artificial Trans Fat

B. COUNCILMEMBER KINDEL:


Approval of Modifications to 620, 622 and 624 Paradise Road

C. COUNCILMEMBER WARD:


Digital Government Survey Contest


Status of Waste Water Treatment Pelletization Project


Investigation of Free Trips for Public Officials


Prevention of Surface, Ground Water Pollution by Compounds of Emerging Concern


Local Law Pertaining to the Code of Ethics of the Town of Amherst


Transfer of All Pending, Future Personnel Litigation Matters to Town Attorney

D. COUNCILMEMBER MCGUIRE:


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Town of Amherst

E. COUNCILMEMBER SCHRATZ:


Eggertsville Youth & Community Center Alterations to 4110 Bailey Avenue Date to Receive Bids - November 5, 2007 Town of Amherst Job No. 2006.015A

F. COUNCILMEMBER O’LOUGHLIN:

G. COUNCILMEMBER BRUCH BUCKI:


Committee Appointment of James C. Lakeman to the Citizens’ Review Commission for a Term to Expire on December 31, 2009.

IX. DEPARTMENT HEADS:

A. TOWN ATTORNEY:


Purchase of Mennonite Meeting House


Associate Firefighter Appointment - Getzville

B. TOWN CLERK:


Biel’s Imaging and Microfilm Contract


Biel’s Microfilm Storage Contract

C. ASSESSOR:


New Firefighter-Swormville Fire Co.


New Firefighter - Ellicott Creek Volunteer Fire Co

D. BUILDING/BUILDING MAINTENANCE:


Preventative Maintenance Service Agreement


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Town of Amherst

E. COMPTROLLER:


Budget Transfers/Ammendments

F. ENGINEERING:


Auction of Engineering Department Vehicles & Surplus Equipment Town of Amherst Jog No. 2007.001F


Reduced Price for Bulk Sale of Excess Economy Grade Wood Mulch and Unscreened Compost Town of Amherst Job No. 2007.003


Donation of Compost To Winner of Green Idea Contest


Proposal for Professional Engineering Services WPCF #16 -Transformer Replacement & Arc Flash Improvements Town of Amherst Job No. 2005.002D


Set Bid Date of October 24, 2007 Purchase of Electronic Automation Equipment - WPCF Town of Amherst Job No. 2007.0002-E

G. HIGHWAY:


Re: Permanent Public Storm Drainage Easement 355 HEIM RD [41.16-8-22] ROBERT A. & MARY A. CIPRESSO


Hwy. Superintendent’s Salary-Set for Publication


Tree Escrow Account-Fee Increase

H. HUMAN RESOURCES:


Rec. Attendant - PT (10 Positions) /Rec. Dept.



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Town of Amherst

Police Dispatcher - PT/ Police Department


Maternity Leave Without Pay


Cleaner - PT / Police Department

I. RECREATION:


Road and Bike Path Closing

X. UNFINISHED BUSINESS:

A. Resolutions


Resolution: Investment of Firemen’s Service Award Deposit. (Mohan 12/18/06)


Resolution: Creation of a Town Arboretum. (Ward 1/2/07)


Resolution: Town of Amherst Leaves Technological Jurassic Park – Implementation of Municipal WIFI. (Ward 1/2/07)


Resolution: Hiring Freeze Local Law. (Mohan 1/16/07)


Resolution: Draft Legislation for Tobacco-Free Facilities. (Mohan 2/26/07)


15. Resolution: Town of Amherst Website List of Homeowners and Community Groups. (Ward 2/26/07)


16. Resolution: Housekeeping Details. (Ward 2/26/07)


17. Resolution: Duties, Powers, Responsibilities of Deputy Supervisor. (Ward 2/26/07)


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Town of Amherst


18. Expenditure of Funds Not to Exceed $5,800.00 As Proposed Erdman Anthony Consulting Engineers for Professional Engineering Services, Amherst Pepsi Center Rink Lighting Replacement. TOA Job #930094I (Recreation 2/26/07)


19. Resolution: Proto-Creation of a Town of Amherst Public Works Department. (Ward 3/5/07)


20. Resolution: Home Rule Message: Creation of a Suburban Renewal Authority. (Ward 3/5/07)


20. Resolution: Denial of Rezoning. (Ward 3/19/07)


25. Resolution: Retiree Health Insurance. (Mohan 4/2/07)


26. Resolution: NYPA. (Schratz 4/2/07)


28. Resolution: Master Plan Amendment Process. (Mohan 4/16/07)


Installation of Sidewalks West Side of Sweet Home Rd. From N. Ellicott Creek Rd. to the Ellicott Creek Bike Path (Planning 6/18/07)


Naming of the Bruce Kershner Old Growth Forest (Ward 6/18/07)


Saving Trees Responsibility


Denial of (Former) Gun Club Rezoning


Strengthen Town of Amherst Property Maintenance Code


Revised Saving Trees Responsibly


Page 9

Town of Amherst


TOA Bird Conservation Area


Highway Department Budget Overruns


Reassessment Bid and the Contract.


Committee Appointment of John Hubert to the Traffic Safety Board for a Term to Expire on 12/31/09


Highway Medical Expense- Fund Balance Transfer


Local Law for Sump Pump Inspection Requirements


Tree Felling Program


Trees Program


Sidewalk Installation Waiver @ Nos. 213, ____, and ______Northledge Drive


Highway Medical Insurance - the Budget for the Fiscal Year Has Been Exhausted. the Board Will Need to Authorize a Reduction In Fund Balance Each Month, or a Budget Transfer In Another Line Item.


Request to Utilize Renovated Space At 4415 New Rd


7:00 PM Proposed Local Law: to Ensure Public Facilities Are Available Prior to the Approval of New Land Use Development.


7:15 PM Rezoning: 218 & 330 Maple Road , 28.114 Acres From CF to GB and 5.212 Acres From CF & R-3 to MFR-6, Benderson Development Company, LLC, Petitioner.


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Town of Amherst


Term Limits


Town Business Manager


Daniel Meyer, & Susan Vasi, Niagara Frontier Watercolor Society, Re: Availabilty of the Vacant Power Building on the Amherst State Park Grounds.


Salary Review


Violation of Town Code


Bid Award for Tree Removal, Pruning and Stump Grinding.

XI. COMMUNICATIONS:

1. Communication 2007-168

Summons with Notice: Micro-Link, LLC Against the Town of Amherst, County of Erie, New York.


Summons and Complaint: HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew, NY 14043 Vs. John W. Kratz, Empire Portfolios, Inc., Town of Amherst, John Doe . Being Fictitious, It Being the Intention of Plaintiff to Designate Any and All Occupants of Premises Being Foreclosed Herein, and Any Parties, Corporations, or Entities, If Any, Having or Claiming an Interest or Lien Upon the Mortgaged Premises.)


James T. Vitthuhn, President, Ellicott Creek Volunteer Fire Co., Inc., 2008 Budget Request.


Donna Marotto, USPS, Re: East Amherst Retail Finance Station.


Paul Iskalo, Iskalo Development Corp., Re: Mennonite Meeting House., 5178 Main Street.



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Town of Amherst

Summons and Complaint: M&T Bank Successor by Merger to M&T Mortgage Corporation, One Fountain Plaza, Buffalo, NY 14203 Vs. Nancy I. Crean, James V. Crean, Amherst-Cheektowaga-Tonawanda Home Consortium, Bethel Federal Credit Union, Erie County Probation Department O/B/C William Machanian, Ford Motor Credit Company, John Doe (Said Name Being Fictitious, It Being the Intention of Plaintiff to Designate Any and All Occupants of Premises Being Foreclosed Herein, and Any Parties, Corporations, or Entities, If Any, Having or Claiming an Interest or Lien Upon the Mortgaged Premises.)


Notice of Claim: Allstate Insurance Company, As Subrogee of Charlotte and Jeffrey Mallon Against Town of Amherst.


Geoff Richter-Amherst Symphony Orchestra Association.


Thomas P. DiNapoli, State Comptroller, Re: Requesting an Audit..


Allyn Kain, 410 Sunrise Blvd., Re: Amhrest Shooting Club.


Ellen Hooven, Re: Thank You to Senior Services.


Earl Zimmerman, Snyder Fire District, Re: County Executive Proposed 911 System Consolidation.


2008 Elected Officials Salaries

XII. PUBLIC IMPROVEMENT PERMITS:


Application: Greythorne Subdivision #2924 - Waterline #2925 - Sanitary Sewer #2926 - Storm Sewer

XIII. ADJOURN:

In memory

MiscellaneousMEETINGS Arts & Culture Board, Call the Councilmember’s office 631-7013 Sr. Citizens, 2nd Wed. of mo. 8 am Sr. Ctr. Traffic & Safety, 1st Wed. of mo. 7pm - MB Recreation Comm., 2nd Tues. of

Glossary BD Backyard Drainage EX Extension FP Fire Protection IF Increase in Facilities L Lateral LD Lighting District MC Map Cover PC Paving and Curbing SS Sanitary Sewer SWS Storm Water


Page 12

Town of Amherst

mo, 4:00 pm - Amherst Pepsi Ctr. Zoning Board of Appeals, October 16, 2007, 7pm - MB Planning Board, October 18, 2007, 7:30 p.m. -MB Youth Board, 2nd. Wed. of Mo., - 7:00 p.m. (No meetings in February or August) Harlem Rd. Community Center, 4255 Harlem Rd Glen Park Joint Board, lst. Tues. of Mo. - MB Conservation - lst Wed. of Mo., 7:30 pm - MB Ind. Dev. Agency, 3rd Fri. of mo., 8:30 am, 4287 Main Street Museum Bd. of Trustees, 2nd Wed. of mo., 7:30pm, Museum - 3755 Tonawanda Ck Rd (No meeting December) Solid Waste Committee, 3rd Wed. of mo., 7:30pm - MB Historic Preservation Commission, 2nd Wed. of mo., 7:30 pm -MB Energy Conservation Advisory Committee - Energy Conservation Advisory Committee - 1st Thurs. of mo. , 7:30PM, 5583 Main St., Town Board Conference Room Information Technology Advisory Committee - 1st

Thurs. of mo., 5:30pm - MB Hon. Mark G. Farrell: Hours for fine payments and inquiries: Monday through Friday 8:30 am - 4:00 pm Excluding holidays 689-4200 Hon. Geoffrey K. Klein: Hours for fine payments and inquiries: Monday through Friday 8:30 am - 4:00 pm Excluding holidays 689-4200

Drainage WL Water Line MB Municipal Building PIP Public Improvement Permit PH Public Hearing S-A Suburban Agriculture Dist. R-1 Residential District -1 R-2 Residential District-2 RResidential District-3 CR-3A Cluster Residential Dist-3 R-Residential District-4 MFR-4A Multi-Family Residential DistrictMFR-5 Multi-Family Residential District-5 MFR-6 Multi-Residential District-6 MFR-7 Multi-Family Residential DistrictMFR-8 Mobile Home Residential District-8 NCD New Community District PRD Planned Residential Dist. CF Community Facilities Dist. NB Neighborhood Business Dist. GB General Business District CS Commercial Service Dist. OB Office Building District MS Motor Service District SC Planned Shopping Center District RD ResearchDevelopment Dist. GI General Industrial Dist. ST Science Technology District

COMMITTEES SUPERVISOR MOHAN Ph.D.: EXECUTIVE BRANCH DEPARTMENTS Assessor Building Department Engineering Department Office of Information Technology Personnel Department Planning Department Refuse Control AMHERST CHAMBER OF COMMERCE (Ex-Officio) ADVERTISING, SPONSORSHIP AND MARKETING COMMITTEE ENGINEERING Alternate Fuel Composting Sanitary Sewer Water Districts Water Pollution Control Facility ERIE COUNTY INDUSTRIAL DEVELOPMENT AGENCY GOVERNMENT FINANCE Budget Capital Improvements Budget Grants, Revenues Special Districts PLANNING BOARD PUBLIC SAFETY Police Department Fire Services, Central Alarm Emergency Services PREVENTION & INSURANCE PURCHASING OVERSIGHT COMMITTEE COUNCILMEMBER KINDEL: CITIZENS ADVISORY CABLE TV COMMITTEE GLEN PARK JOINT BOARD NATURE VIEW PARK TRANSPORTATION Erie County Dept. of Public Works New York State Department of Transportation (NYSDOT) New York State Thruway Authority (NYSTA) Niagara Frontier Transportation Authority (NFTA) Niagara Frontier Transportation Committee (NFTC) Traffic Safety Board

COUNCILMEMBER WARD: ARTS & CULTURE IN PUBLIC PLACES BOARD BOARD OF ETHICS GOVERNMENT STUDY COMMITTEE HISTORIC PRESERVATION COMMISSION INFORMATION TECHNOLOGY ADVISORY COMMITTEE SIDEWALK TASK FORCE COUNCILMEMBER MCGUIREDEER MANAGEMENT TASK FORCE ERIE COUNTY SANITARY SEWER DISTRICT FIRE CHIEF’S ASSOCIATION PLUMBING RECREATION Amherst Pepsi Center Sub Committee Recreation Commission REFUSE CONTROL SOLID WASTE COMMITTEE COUNCILMEMBER SCHRATZ: AMHERST CHAMBER OF COMMERCE (alternate) TOWN/SCHOOL CITIZEN ADVISORY TASK FORCE UNIVERSITY AT BUFFALO YOUTH BOARD Task ForcSubstance Use/Abuse The Family Room Child Care Programs Counseling Services Safe Homes Parents Network Programs for Children with Special Needs COUNCILMEMBER O'LOUGHLIN: AMHERST INDUSTRIAL DEVELOPMENT AGENCY (AIDA) HIGHWAY DEPARTMENT SENIOR SERVICES Amherst Meals on Wheels Amherst Senior Transportation Services Senior Citizens Advisory Board Senior Outreach Services COUNCILMEMBER BRUCH BUCKIAMHERST CONSERVATION ADVISORY COMMITTEE AMHERST LIBRARY BOARD AMHERST MUSEUM AMHERST SYMPHONY AMHERST TOGETHER ENERGY CONSERVATION ADVISORY COMMITTEE

Town of Amherst Susan K. Jaros5583 Main Street Town Clerk

Williamsville, NY 14221www.amherst.ny.us Meeting: 10/01/07 07:00 PM

Department: Town ClerkInitiated by: Janice E. Miller

DOC ID: 1658 RESOLUTION 2007-648 SCHEDULED

Page 1

7:00 PM Rezoning: 75 Maple Rd. From R-3 to OB, Michael & Melanie Bruno, Petitioners.

.

RES-2007-648 : Rez 75 Maple Rd 5.1

PUBLIC HEARINGS: Packet Pg. 13





Page 1

7:15 PM Rezoning: 6380 & 6420 Main Street From CF & OB to MFR-4A, Marrano/Marc Equity, Petitioners.

.

RES-2007-649 : Rez 6380 & 6420 Main St 5.2






Page 1

7:30 PM Proposed Local Law: to Provide an Assessment Exemption for Certain Residential Property Rehabilitation.

.

RES-2007-685 : 7:30 PM LL Exempt Prop Tax 5.3






Page 1

7:45 PM Proposed Local Law: to Establish an Amherst Committee on Disabilities.

.

RES-2007-686 : 7:45 PM LL Committees Disabilities 5.4




Department: SupervisorInitiated by: Satish B. Mohan


Page 1

Appointment to Real Diversity CommissionAppointment of Melissa Golpl to the Real Diversity Commission for a term expiring on December 31, 2009.

RES-2007-650 : Appointment to Real Diversity Commission 8.1.1

SUPERVISOR MOHAN Ph.D.: Packet Pg. 17





Page 1

Appointment of Kenneth S. Jagodzinski to Cable TV Committee

Appointment of Kenneth S. Jagodzinski to the Cable TV Committee for a term expiring on December 31, 2007.

RES-2007-651 : Appointment to Cable TV Committee 8.1.2






Page 1

Support of Animal Alliance of Western New York and Erie County SPCA

WHEREAS, the Society for the Prevention of Cruelty to Animals serving Erie County is the lead agency for a grant from the Maddie’s Fund to support community wide collaborations for adoption guarantee organizations, traditional shelters, animal control agencies, and private practice veterinarians working together to end the killing of healthy and treatable shelter dogs and cats; and

WHEREAS, the Amherst Town Board wishes to express its support for this application and also appreciation for the excellent work performed by the Erie County SPCA in the community in support of our animal control program;

NOW, THEREFORE, BE IT RESOLVED, that the Amherst Town Board and the Animal Control Program will support the efforts of the Animal Alliance of Western New York and the Erie County SPCA through partnering with them to save the lives of cats and dogs through ongoing communication, record keeping and best practices; and

BE IT FURTHER RESOLVED that the Supervisor is authorized to sign the Statement of Support prepared by the Erie County SPCA; and

BE IT FURTHER RESOLVED that the Town Clerk forward certified copies of this resolution to the Western New York Delegation, the Town Supervisors and City and Village Mayors of Erie County.

FISCAL IMPACT:

None

RES-2007-652 : Support of Animal Alliance and Erie 8.1.3






Page 1

Ban on the Use of Artificial Trans FatWHEREAS, artificial trans fat is manufactured through a chemical process and is found in partially hydrogenated vegetable oil. Foods that contain trans fat include margarines, shortenings, frying oils, baked goods, mixes, and packaged foods, and

WHEREAS, trans fat is the most dangerous type of dietary fat. It increases bad (LDL) cholesterol and lowers good (HDL) cholesterol. Artificial trans fat is known to be responsible for countless deaths from heart disease, and

WHEREAS, trans fat has no known health benefits, and there is no harmless level of trans fat consumption, and

WHEREAS, trans fat-free products are readily available for use by food service establishments, and

WHEREAS, consumer advocacy groups and local governments are taking steps to ban the use of artificial trans fats. The City of Buffalo; New York City; Albany; Philadelphia; Montgomery County, Maryland; Puerto Rico and others have already banned its use or have taken steps to impose future bans; and

WHEREAS, it is the mission of the Erie County Department of Health to promote the public’s health and to prevent disease and premature death through the promotion of healthy living and wellness, now therefore,

BE IT RESOLVED that the Town of Amherst submit a formal request to the Erie County Health Commissioner asking that the Erie County Department of Health implement a program to ban the use of artificial trans fat in all food service establishments under its jurisdiction, including those in the Town of Amherst.

FISCAL IMPACT:

None.

RES-2007-653 : Ban on the Use of Artificial Trans Fat 8.1.4




Department: CouncilmembersInitiated by: William L. Kindel


Page 1

Approval of Modifications to 620, 622 and 624 Paradise Road

BE IT KNOWN that the original agreement that was shaped between all parties involved with the construction of real property at 620, 622 and 624 Paradise Road had a clause that changes to the agreement cannot be finalized without the approval of the majority of the Amherst Town Board;

NOW THEREFORE BE IT RESOLVED that as a result of slight modifications to the original proposal, a new agreement has been reached and will be reviewed by the Amherst Town Board.

FISCAL IMPACT:

None

RES-2007-654 : Approval of Modifications to 620 to 624 8.2.1

COUNCILMEMBER KINDEL: Packet Pg. 21



Department: CouncilmembersInitiated by: Daniel J. Ward


Page 1

Digital Government Survey ContestWHEREAS the Center for Digital Government and the National League of Cities Annual Survey for 2007 is now available on-line, and

WHEREAS the Town of Amherst has to compete in the cyber world, now then be it

RESOLVED the Director of Information Technology is hereby authorized and directed to participate in the survey on behalf of the Town of Amherst, and be it further

RESOLVED the Director of Information Technology is further hereby authorized and directed to enter the annual contest jointly sponsored by the Center for Digital Government and the National League of Cities for 2008.

FISCAL IMPACT:

To be determined

RES-2007-655 : Digital Government Survey Contest 8.3.1

COUNCILMEMBER WARD: Packet Pg. 22





Page 1

Status of Waste Water Treatment Pelletization ProjectWHEREAS the most recent (June, 2007) minutes of the Town of Amherst Solid Waste Committee received by the Amherst Town Board indicate: “… the report for May 2007. Mechanical problems continued to plague the plant. As a result, $14,762 was spent to dispose of sludge to landfill”; and

WHEREAS the Waste Water Treatment Plant (WWTP) Pelletizer Project has had a long and troubled history of failure, mechanical and otherwise; and

WHEREAS the public is entitled to know exactly how much this project has cost, and why it is (still) failing; now then be it

RESOLVED the Amherst Town Board hereby demands the Town Supervisor and the Town Engineer provide the following facts:

1. The total cost of this pelletizer project to date.

2. How much of that cost is bonded?

3. How much sludge, over the history of this project, has been landfilled, and how much has that cost the Town of Amherst?

4. How much in claims or damages - to date - does the Town of Amherst have outstanding, and against who or what?

5. How much in claims or damages - to date - are other persons or entities claiming against the Town of Amherst?

6. What is the plan, if any, to repair the pelletizer problems at the WWTP in order to bring the facility into proper operation?

FISCAL IMPACT:

None

RES-2007-656 : Status of WWTP Pelletization Project 8.3.2






Page 1

Investigation of Free Trips for Public Officials

WHEREAS, recent disclosures by the Buffalo News, and an investigation by the Erie County District Attorney’s Office, have resulted in criminal prosecution, and conviction, of individuals in Buffalo City government for receiving unlawful gratuities (free trips) in exchange for contractual awards amount/or other preferential treatment, and

WHEREAS, the Amherst Town Board wants to make sure no such problem exists in Amherst Town government, and

WHEREAS, despite request, the Town Supervisor has refused to conduct an internal investigation of Town employees at least for the period since he has been in office; now then be it

RESOLVED, the Amherst Town Board hereby authorizes and directs the Town Comptroller to conduct an internal investigation of Town officers and employees who were involved in any trips whether free or partially subsidized, for business, vacation, pleasure or mixed purpose, during that period, and/or before, and be it further

RESOLVED, the Amherst Town Board hereby requests the Town Board of Ethics to investigate this issue and report back to the Town Board as to whether local legislation is needed to strengthen current Town codes or rules.

FISCAL IMPACT:

To be determined

RES-2007-657 : Investigation of Free Trips for Public 8.3.3






Page 1

Prevention of Surface, Ground Water Pollution by Compounds of Emerging Concern

WHEREAS, the seepage of pharmaceutical compounds into ground and surface water, via wastewater facilities, is an increasing public health problem of great dimension, and

WHEREAS, various pharmaceutical mixtures, otherwise known as Compounds of Emerging Concern (CECs) are a public health concern, being suspected of deleterious effects on the aquatic environment, soil, plants, animals and humans, including endocrine interruption and sexual abnormalities, and

WHEREAS, more study and research must be devoted to the subject, it is certainly prudent for Amherst to join the many other progressive communities that have established drug take-back for safe disposal programs; now therefore be it

RESOLVED, the Town of Amherst hereby establishes a so-called pharmaceutical drug take-back program, so that potentially dangerous pharmaceuticals and CECs can be taken out of the surface and ground water, and be safely disposed of, and be it further

RESOLVED, the Town of Amherst hereby seeks multiple, excess or surplus U.S. Postal Service mailboxes, to be decommissioned and repainted in order to facilitate the convenient, quick and easy disposal of these drugs by Amherst residents, and others, throughout the Town.

FISCAL IMPACT:

To be determined

RES-2007-658 : Prevention of Pollution by CECs 8.3.4






Page 1

Local Law Pertaining to the Code of Ethics of the Town of Amherst

LOCAL LAW NO. - 2007

TOWN OF AMHERSTCOUNTY OF ERIE, STATE OF NEW YORK

A LOCAL LAW PERTAINING TO THE CODE OF ETHICS OF THE TOWN OF AMHERST

Be it enacted by the Town Board of the Town of Amherst as follows:

Section 1. Title

This Local Law shall be referred to as, “A Local Law Pertaining To The Code of Ethics of the Town of Amherst.”

Section 2.

Section 19-4A(2) of Chapter 19 of the Code of the Town of Amherst : Town of Amherst Code of Ethics, is amended as follows:

(2) Directly or indirectly solicit any gift or accept or receive any gift or series of gifts having an annual value of nine dollars ($9.00) or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise or in any other form, under circumstances under which it can reasonably be inferred that the gift was intended to influence him or could reasonably be expected to influence him in the performance of his official duties or was intended as a reward for any official action on his part. The foregoing limitation shall not apply to campaign contributions not otherwise prohibited by law.

Section 3.

This Local Law is adopted under the authority of Article 18 of the General Municipal Law.

RES-2007-659 : LL Pertaining to Code of Ethics 8.3.5


Resolution 2007-659 Meeting of October 1, 2007

Page 2

Town of Amherst

Section 4. Effective Date.

This Local Law shall be effective immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law and upon publication as required by Chapter 28 of the Code of the Town of Amherst.

FISCAL IMPACT:

None

RES-2007-659 : LL Pertaining to Code of Ethics 8.3.5






Page 1

Transfer of All Pending, Future Personnel Litigation Matters to Town Attorney

RESOLVED the prosecution, defense responsibility and management of all Human Resources disciplinary hearings, and subsequent litigations, whether current or pending (e.g. Anthony Canna) or future (e.g. Harry Williams), is hereby immediately transferred from the Human Resources Director to the Town Attorney.

FISCAL IMPACT:

None

RES-2007-660 : Transfer of Personnel Litigation Matters 8.3.6




Department: EngineeringInitiated by: Jeffrey S. Burroughs


Page 1

Eggertsville Youth & Community Center Alterations to 4110 Bailey Avenue Date to Receive Bids - November 5, 2007 Town

of Amherst Job No. 2006.015A

Would you please set Monday, November 5, 2007 as the date to receive bids for the above referenced project? Plans and specifications will be available in the Town Clerks office on Wednesday October 10th, 2007.

Funds are available from Account K-9417, Eggertsville Youth and Community Center.

Thank you for considering our request.

FISCAL IMPACT:

Funds are available from Account K-9417

RES-2007-661 : Eggertsville Youth & Community Center 8.5.1

COUNCILMEMBER SCHRATZ: Packet Pg. 29



Department: CouncilmembersInitiated by: Deborah Bruch Bucki


Page 1

Committee Appointment of James C. Lakeman to the Citizens’ Review Commission for a Term to Expire on

December 31, 2009..

RES-2007-662 : Committee Appointment 8.7.1

COUNCILMEMBER BRUCH BUCKI: Packet Pg. 30



Department: Town AttorneyInitiated by: E. Thomas Jones


Page 1

Purchase of Mennonite Meeting HouseAs you already know, there has been expressed interest in the purchase of the Mennonite

Meeting House. Before this matter can proceed, an appraisal must be done in order to determine the fair market value of the property.

Therefore, kindly adopt a resolution (1) authorizing the Town Assessor or our office to obtain an appraisal of the property; and (2) identifying a funding source for the costs associated with obtaining an appraisal.

Thank you.

ETJ:nmbc: Janice Miller, Deputy Town Clerk (Agenda Item : October 1, 2007)

FISCAL IMPACT:

TBD once appraiser is obtained and appraisal work is complete.

RES-2007-663 : Purchase of Mennonite Meeting House 9.1.1

TOWN ATTORNEY: Packet Pg. 31



Department: Town AttorneyInitiated by: E. Thomas Jones


Page 1

Associate Firefighter Appointment - GetzvilleThe attached correspondence was referred to this office for review and recommendation.

Getzville Fire Company seeks to establish a program to utilize University at Buffalo students who are members of other fire companies while they are attending the university and residing in the district.

New York State General Municipal Law allows this when authorized by the Town Board.

It is our recommendation that the Town Board authorize the fire chief to implement this program subject to the out-of-district volunteers waiving their rights to any service award program benefits.

Kindly adopt a resolution authorizing the program as stated above and appointing the named associate firefighter.

Thank you.

ETJ:nmbAttachmentc: Janice Miller, Deputy Town Clerk (w/o attachment)

Irving Isenberg, Chief, Getzville Fire Department (Via E-Mail, w/o attachment)

FISCAL IMPACT:

None.

RES-2007-664 : Associate Firefighter Appointment - 9.1.2

TOWN ATTORNEY: Packet Pg. 32



Department: Town ClerkInitiated by: Kathleen Cooper


Page 1

Biel’s Imaging and Microfilm ContractAuthorize the Supervisor to sign the Imaging and Microfilm Contract with Biel's Information Technology Systems Corp. Amount based upon annual microfilming budget.

FISCAL IMPACT:

Based upon annual microfilming budget.

RES-2007-665 : Imaging and Microfilm Contract 9.2.1

TOWN CLERK: Packet Pg. 33



Department: Town ClerkInitiated by: Kathleen Cooper


Page 1

Biel’s Microfilm Storage ContractAuthorize the Supervisor to sign the Microfilm Storage Contract with Biel's Information Technology Systems Corp. Annual amount due in January.

FISCAL IMPACT:

Annual amount due in January.

RES-2007-666 : Microfilm Storage Contract 9.2.2

TOWN CLERK: Packet Pg. 34



Department: AssessorInitiated by: Harry Williams


Page 1

New Firefighter-Swormville Fire Co.The Assessor's office verifies that the owners of 925 New Road, Amherst, NY 14228 are Paul B. Kranz & w/ Diane N. Kranz. This is in regards to new firefighter - Susan Kranz.

RES-2007-667 : New Firefighter-Swormville Fire Co. 9.3.1

ASSESSOR: Packet Pg. 35



Department: AssessorInitiated by: Harry Williams


Page 1

New Firefighter - Ellicott Creek Volunteer Fire CoThe Assessor's Office verifies the following:

1) The owners of 396 Kaymar Dr., Amherst, NY 14228 are Florian Matuszewski & w/ Linda regarding new firefighter Amelia Matuszewski.

2) The owners of 31-33 Sunshine Drive, Amherst, NY 14228 are William J. Marfurt & w/ Barbara regarding new firefighter Christopher Youngman.

RES-2007-668 : New Firefighter - Ellicott Creek Volunteer 9.3.2

ASSESSOR: Packet Pg. 36



Department: Building/Building MaintenanceInitiated by: F. Robert Danni


Page 1

Preventative Maintenance Service AgreementPlease pass a resolution authorizing Supervisor to sign contract with B.J. Muirhead Co., Inc. for PK Boiler at Town Hall at a cost of $375.00 annually.

FISCAL IMPACT:

$375.00 - A1620.4110

RES-2007-669 : Preventative Maintenance Service 9.4.1

BUILDING/BUILDING MAINTENANCE: Packet Pg. 37



Department: ComptrollerInitiated by: Francis Belliotti


Page 1

Budget Transfers/Ammendments.For October 1, 2007 Town Board Agenda

To: Town BoardFrom: Office of Town ComptrollerDate: 9/26/07Re: Various Department Budget Transfers / Amendments

I have received the attached request(s) requiring budget transfers and / or amendments. Based on my review, I ask that the Town Board approve the attached list.

BUDGET TRANSFERS

FROM:

A1110.1200 Court - Overtime $5,337.90To cover unemployment cost.

G9016.2150 SS#16 - Building Improv. & Equip. $32,000To cover contractual expenditures.

A7550.4150 Celebrations $3,575A9550.9000 Interfund Transfers $3,575

TO:A1110.8060 Unemployment $5,337.90G9016.4110 SS#16 - Contractual $32,000A9550.9000 Interfund Transfers $3,575T3070.05031 Arts & Culture Trust $3,575

To transfer budget in Celebrations account reserved for Artsand Culture to Trust account authorized by the

Town Board on 8/21/2006.

BUDGET AMENDMENTS

RES-2007-670 : Budget Transfers/Ammendments 9.5.1

COMPTROLLER: Packet Pg. 38


Page 2

Town of Amherst

INCREASE:

D5130.02680 Machinery - Insurance Reimb. $17,332.43To repair damaged vehicle.

D5130.02680 Machinery - Insurance Reimb. $2,000 0To repair damaged vehicle.

A7110.02680 Parks - Insurance Reimb. $1,052To repair damaged fence.

A3125.03089 DCJS - State Grant $17,100To record Grant Budget for License Reader.

A7332.04389 Drug Free Comm. Grant $59,995To record Drug Free Comm. Grant.

INCREASE:

D5130.2600 Machinery - Other Equipment $17,332.43 D5130.2600 Machinery - Other Equipment $2,000A7110. 4220 Park - Building & Grounds $1,052

A3125.2550 DCJS - Other Specialized Equip. $17,100 A7332.1000 Personal Services $11,372A7332.2130 Computer Equipment $2,900A7332.4010 Office Supplies $800A7332.4025 Printing & Advertising $2,638A7332.4050 Mileage $3,246A7332.4090 Professional Services $37,884A7332.8030 FICA $1,155

FISCAL IMPACT:

transfers are budget neutral

RES-2007-670 : Budget Transfers/Ammendments 9.5.1

COMPTROLLER: Packet Pg. 39





Page 1

Auction of Engineering Department Vehicles & Surplus Equipment Town of Amherst Jog No. 2007.001F

The Engineering Department is seeking to participate in the annual Erie County Municipal & Contractor Equipment Auction to be held on October 12, 2007 at the Erie County Fairgrounds.

The following old equipment is slated for auction;

ID Description VIN/Serial # Overall Condition

1994 FORD EXPLORER 1FMDU34X8RUB79730 NOT WORKING

E-5 (OLD) 1996 FORD RANGER 4X4 1FTCR15X3TPA82087 POOR

E-9 1996 CHEV CAVALIER 4DR 1G1JC5340T7171294 FAIR

E-11 1996 CHEV CAVALIER 4DR 1G1JC5242T7171295 FAIR

E-20 1997 CHEV K2500 4x4 w/PLOW 1GCGK24R7VE174784 FAIR

E-27 2002 DODGE RAM 2500 P/U 3B7KC23Z32M259054 NOT WORKING

E-80 1997 CHEVROLET C2500 1GCGC29R6VE205710 POOR

E-82 1998 CHEVROLET C2500 1GCGC29R3WE232817 POOR

E-TV2 1985 FORD VAN TV TRUCK 1FTHS35Y6FHC27894 FAIR

KOLBERG ROAMIN CANDLE - PMG-40 Ser# 103-PMG-40 6KW FAIR

HUSTLER 640 HILLSIDER SLOPE TRACTOR WITH TRIM DECK FAIR

TORO POWER SHIFT 1132 SNOWBLOWER POOR

HYDRAULIC POWER UNIT - POWER STINGER R40-15-2D-40 Ser# 1235 POOR

We have participated in this auction for many years and found it to be a good way of dealing with old and antiquated equipment, which is no longer of value to our department.

.

FISCAL IMPACT:

The sale price of the auctioned items minus 10% commission is deposited in the Sewer District Revenue Accounts.

RES-2007-671 : Vehicle & Surplus Equipment Auction 9.6.1

ENGINEERING: Packet Pg. 40





Page 1

Reduced Price for Bulk Sale of Excess Economy Grade Wood Mulch and Unscreened Compost Town of Amherst Job

No. 2007.003The Engineering Department is requesting approval for the sale of excess economy

grade wood mulch and unscreened compost. The Compost Facility has an excess inventory on site and would like to reduce this inventory before the leaf season begins.

We would suggest reducing the price of economy wood mulch from $10.00/cubic yard to $7.00/cubic yard for a minimum purchase of 250 cubic yards. We would also suggest the reduction in price of unscreened compost from $11.00/cubic yard to $9.00/cubic yard for a minimum purchase of 250 cubic yards. The Compost Facility has approximately 1,000 cubic yards each of the wood mulch and the unscreened compost material that could be sold at these reduced prices. The sale will be set for a limited time from October 2, through November 2, 2007.

Thank you for considering this request. This proposed sale would free valuable processing space and temporarily increase site efficiency.

FISCAL IMPACT:

Lower TOA price of economy grade wood mulch and unscreened compost to get rid of excess - still increase in budget.

RES-2007-672 : Sale Excess Wood Mulch & Compost 9.6.2






Page 1

Donation of Compost To Winner of Green Idea ContestThe Solid Waste committee made a recommendation at the September 19, 2007 meeting to hold a Green Idea Contest, seeking the best idea which will result in a positive impact on our community's environment. The contest would be open to all Town of Amherst residents. The Committee therefore requests a donation of a truckload (5 cubic yards) of screened compost to reward the contest winner. The Compost Facility has plenty of material on hand for the donation.

This contest will hopefully generate several good suggestions that will be positive for our Town's environment. The Committee sees this as a win-win situation.

Thank you for considering this request.

FISCAL IMPACT:

none

RES-2007-673 : Donation of Compost 9.6.3






Page 1

Proposal for Professional Engineering Services WPCF #16 -Transformer Replacement & Arc Flash Improvements Town

of Amherst Job No. 2005.002DUpon solicitation of five (5) electrical design services firms, proposals were received

and reviewed (cost breakdown attached). At this time, we request the Town Board to please approve the expenditure of funds not to exceed $19,658.00, as proposed by Erdman Anthony and Associates, Inc., for professional services associated with the above referenced project. Services will be provided for the design, specification, bid and construction services associated with the replacement of four (4) existing transformers as well as numerous required Arc-Flash electrical code compliance improvements.

Funds are available for these services within the existing Bond Account K-0708-4110.

Thank you for considering this request.

FISCAL IMPACT:

Funds not to exceed $19,658.00. Funds are available from Bond Account K-0708-4110.

RES-2007-674 : Transformer Replacement & Arc Flash 9.6.4






Page 1

Set Bid Date of October 24, 2007 Purchase of Electronic Automation Equipment - WPCF Town of Amherst Job No.

2007.0002-EWe are requesting the Town Board set a bid date of October 24, 2007 for the procurement of miscellaneous programmable logic controllers, enclosures, and power suppliesto continue the automation effort at the plant.

This bid will enable the Engineering Department to move towards the automation of the grit chambers, the digester compressors, the process water system and the RAS pumps. The purchase of these miscellaneous electronic components will be funded via a swap of PLCs purchased under another project, which unfortunately had the scope of work change since their purchase in August, 2005.

Thank you for considering our request.

FISCAL IMPACT:

none - purchase to be funded via a swap of PLCs purchased under another project

RES-2007-675 : Purchase Electronic Automation 9.6.5




Department: HighwayInitiated by: Robert Anderson


Page 1

Re: Permanent Public Storm Drainage Easement 355 HEIM RD [41.16-8-22] ROBERT A. & MARY A. CIPRESSO

Dear Supervisor and Council members:

The above referenced document is hereby submitted for your approval.

The Town seeks an easement to operate and extend storm drainage facilities on a portion of the owner’s property.

. The Highway Department has reviewed this matter and are recommending approval of

the request subject to the standard agreement conditions.

Should you approve said request, please authorize the execution of same.

FISCAL IMPACT:

NONE

RES-2007-676 : PPSDE - 355 Heim Road 9.7.1

HIGHWAY: Packet Pg. 45





Page 1

Hwy. Superintendent’s Salary-Set for PublicationRequesting a 3% cost of living increase be added to the Highway Superintendent’s 2008 salary and advertise the Superintendent of Highway’s salary for publication.

FISCAL IMPACT:

Increase of $2444.00 to Budget Line A5010.1000

RES-2007-677 : Hwy. Superintendent's Salary-Set for 9.7.2






Page 1

Tree Escrow Account-Fee IncreaseIncrease tree escrow amount per tree from $108.00 to $160.00.

FISCAL IMPACT:

Increase will offset cost absorbed by Town for each tree.

RES-2007-678 : Tree Escrow Account-Fee Increase 9.7.3




Department: Human ResourcesInitiated by: Robert McCarthy


Page 1

Rec. Attendant - PT (10 Positions) /Rec. Dept.RECREATION ATTENDANT - PT (10 POSITIONS) / RECREATION DEPARTMENT, EFFECTIVE OCTOBER 2, 2007, TEMPORARY, $8.00 PH.

RES-2007-679 : Rec. Attendant - Pt (10 Positions) /Rec. 9.8.1

HUMAN RESOURCES: Packet Pg. 48





Page 1

Police Dispatcher - PT/ Police DepartmentPOLICE DISPATCHER - PT / POLICE DEPARTMENT, EFFECTIVE OCTOBER 2, 2007, TEMPORARY, $14.56 PH.

RES-2007-680 : Police Dispatcher - PT/ Police Department 9.8.2




Department: Human ResourcesInitiated by: Pam DeVillier


Page 1

Maternity Leave Without PayMichelle Bellacose, Assistant Accountant, employed with the Comptroller's Office, has requested a Maternity Leave of Absence Without Pay. Frank Belliotti has approved this request.Mrs. Bellacose's maternity leave commenced on July 30, 2007 and she has exhausted all of her sick leave accruals effective September 7, 2007. Therefore, I would recommend a Maternity Leave of Absence Without Pay effective September 7, 2007 through December 31, 2007.

RES-2007-681 : Maternity Leave Without Pay 9.8.3






Page 1

Cleaner - PT / Police DepartmentCLEANER - PT / POLICE DEPARTMENT, EFFECTIVE OCTOBER 2, 2007, TEMPORARY, $10.04 PH.

REPLACING CHARLES HALL WHO RESIGNED.

RES-2007-682 : Cleaner - PT/ Police Department 9.8.4




Department: RecreationInitiated by: Anne Schiferle


Page 1

Road and Bike Path ClosingUniversity at Buffalo request to close down a section of Frontier Rd and the Ellicott Creek Trailway between JJ Audubon Parkway & St. Rita's Lane from 6pm on 10/5/07 until approx. 2:00am on 10/6/07 for their Homecoming Carnival concluding with a 10 minute fireworks display.

FISCAL IMPACT:

None

RES-2007-683 : Road and Bike Path Closing 9.9.1

RECREATION: Packet Pg. 52



Department: SupervisorInitiated by: Janice E. Miller

DOC ID: 1052 RESOLUTION 2007-159 TABLED

Page 1

Resolution: Investment of Firemen’s Service Award Deposit. (Mohan 12/18/06)

WHEREAS the firemen’s service awards currently total approximately, $5.0M, and

WHEREAS, UBS Paine Webber manages this deposit and charges the fund 1% management fee of the total deposit, and a transaction fee

WHEREAS their record of management is not promising in that the fund earned a sum of 2.5% in the year 2005, in spite of high interest rates in the vicinity of 5%, (to date in 2006 current rates are in excess of 6%) therefore

BE IT RESOLVED that the Town Attorney and the Comptroller be directed to cancel the investment contract with UBS Paine Webber with immediate effect, and

BE IT FURTHER RESOLVED that the Comptroller is directed to RFP several local investors for managing this fund

RES-2007-159 : Firemens Award 10.1.1

Resolutions Packet Pg. 53





Page 1

Resolution: Creation of a Town Arboretum. (Ward 1/2/07)

RESOLVED the Amherst Town Board hereby requests public commentary, and departmental response, to the concept of creating a municipal arboretum to demonstrate our Town commitment to trees and preservation of our suburban silviculture, and be it further said commentary will be received and collected by the ACAC, and then presented to the Town Board.

RES-2007-163 : Town Arboretum 10.1.2






Page 1

Resolution: Town of Amherst Leaves Technological Jurassic Park – Implementation of Municipal WIFI. (Ward 1/2/07)

RESOLVED the Amherst Town Board hereby approves the concept of a Town-wide wireless (WiFi) and intends to implement the same in 2007, and be it further

RESOLVED the Information Technology Committee shall present its recommendation to the Town Board for municipal WiFi development, no later than the end of February 2007, and be it further

RESOLVED the Town Board shall conduct a public hearing on this issue at its two regular Town Board meetings in February 2007, soliciting the input from citizens, taxpayers, users, academia, business and labor, vendors and all those others having an interest in this subject, and be it further

RESOLVED the Amherst Town Board will commit to the implementation of such a municipal WiFi plan no later than the end of April 2007.

RES-2007-164 : Imple of Muni WIFi Juras Park 10.1.3






Page 1

Resolution: Hiring Freeze Local Law. (Mohan 1/16/07)BE IT RESOLVED that the Town Attorney, Personnel Director, and the Town Comptroller be directed to draft a “Hiring Freeze Local Law.”

RES-2007-165 : Hiring Freeze LL 10.1.4






Page 1

Resolution: Draft Legislation for Tobacco-Free Facilities. (Mohan 2/26/07)

WHEREAS tobacco use is the number one preventable cause of death and disability, and

WHEREAS studies by the American Lung Association report that cigarette smoke contains more than 4,000 different chemicals, many of which are proven cancer-causing substances or carcinogens. Smoking cigars or pipes also increases the risk of lung cancer, and

WHEREAS these studies also conclude that chemicals in tobacco smoke also affect the nonsmoker, making “secondhand smoking” another important cause of lung cancer, responsible for approximately 3,000 cancer deaths per year. More than 6 million youth (23 percent) are exposed to secondhand smoke daily, and

WHEREAS it has been shown that relatives, peers, and friends powerfully influence a youth’s decision to smoke. According to the American Lung Association, youth who have two parents who smoke are more than twice as likely as youth without smoking parents to become smokers, and

WHEREAS adults smoking cigarettes, cigars, or pipes at Town owned facilities send the wrong message to youth, now, therefore,

BE IT RESOLVED that the Town Attorney be directed to draft a Local Law designating all Town of Amherst sites which are utilized for youth activities as “tobacco-free areas,” and

BE IT FURTHER RESOLVED that these “tobacco-free areas” include both indoor as well as outdoor facilities, such as baseball parks, etc.

RES-2007-171 : Tobacco Free Facilities 10.1.5






Page 1

15. Resolution: Town of Amherst Website List of Homeowners and Community Groups. (Ward 2/26/07)

RESOLVED the Amherst Town Board hereby directs the Information Technology Department to list the various Homeowners and Community groups and organizations on the Town of Amherst Website, along with their officers/contacts, email and snail mail addresses, and telephone contact numbers.

RES-2007-172 : Website for Homowners & Community 10.1.6






Page 1

16. Resolution: Housekeeping Details. (Ward 2/26/07)RESOLVED the Amherst Town Board hereby declares that any room and physical space plans within the Amherst Town Hall be first approved by the Town Board; and be it further

RESOLVED that any plan devised by the Town Supervisor and/or Mr. Wixson to remove the Personnel Office and the Emergency Services Director and his staff and replace it with Mr. Wixson is null and void; and be it further

RESOLVED Mr. Wixson’s name is not to appear on any Town Board stationery as he is neither an elected Town Board member, nor the legitimate appointment of the Supervisor or any Town Board member; and be it further

RESOLVED that the Town Board declares that Mr. Wixson may speak for the Supervisor, (apparently only when the Supervisor is ill or absent) but in no manner, shape or form speaks for the Town Board at any time, or represents the public policy of the Town of Amherst, or has a vote on any such policy at the Town Board.

RES-2007-173 : Housekeeping 10.1.7






Page 1

17. Resolution: Duties, Powers, Responsibilities of Deputy Supervisor. (Ward 2/26/07)

WHEREAS the Town Supervisor is continually failing to attend, or remain at, collective bargaining sessions with the Amherst Police Club, Inc. and

WHEREAS this failure to attend, remain at, or to collectively bargain in good faith is costing the taxpayers much money, and

WHEREAS the Town Supervisor is illegally attempting to delegate his duties to negotiate and collectively bargain to his ersatz, but not confirmed, Deputy Supervisor; now then be it

RESOLVED the Amherst Town Board hereby directs and authorizes the Town Supervisor, or his legitimate subordinate, e.g. the Personnel Director to immediately commence collective bargaining negotiations with the Amherst Police Club, Inc., and attend, and remain at, such sessions as long as necessary in order to finally get this agreement, signed and sealed and delivered, as soon as possible, and be it further

RESOLVED the Amherst Town Board hereby declares the ersatz Deputy Supervisor is not authorized to do anything in place of the Supervisor, except in his absence or disability, pursuant to statute, and does not represent official policy or positions of the Town of Amherst, or the Town Board, and specifically declares to the Amherst Police Club, Inc. that the ersatz Deputy Supervisor has no authority or power whatsoever to represent or bind the Town of Amherst, or the Town Board, in any negotiations with the Amherst Police Club, Inc., or any other municipal union or bargaining unit, and any such activity on his part is null and void, and to be ignored.

RES-2007-174 : Responsibilty of Dep. Supervisor 10.1.8




Department: RecreationInitiated by: Anne Schiferle


Page 1

18. Expenditure of Funds Not to Exceed $5,800.00 As Proposed Erdman Anthony Consulting Engineers for

Professional Engineering Services, Amherst Pepsi Center Rink Lighting Replacement. TOA Job #930094I (Recreation

2/26/07).

RES-2007-175 : Exp of Funds $5,800 Erdmann Anthony 10.1.9






Page 1

19. Resolution: Proto-Creation of a Town of Amherst Public Works Department. (Ward 3/5/07)

WHEREAS the Senior Refuse Office has filed his retirement papers effective 30 March 2007; and

WHEREAS his subordinates have no apparent interest in succeeding him; and

WHEREAS the Town of Amherst has a long-term policy interest in the eventual consolidation of certain several and diverse functions now scattered over several departments, and the creation of a singular public works department, now then be it

RESOLVED that the Amherst Town Board hereby authorizes and directs the reorganization of the Office of Refuse Control, in a consolidation move to save taxpayer money, into the Building or Engineering Departments as part of a proto-creation of a public works department.

RES-2007-176 : Proto Creation Public Works 10.1.10






Page 1

20. Resolution: Home Rule Message: Creation of a Suburban Renewal Authority. (Ward 3/5/07)

RESOLVED the Amherst Town Board hereby adopts as a Home Rule Message this Resolution to the Governor and the Senate, and the Assembly of the State of New York, requesting Special State legislation to create a Suburban or Municipal Renewal Agency for the Town of Amherst, pursuant to Article 15-A of the General Municipal Law.

RES-2007-177 : Home Rule 10.1.11






Page 1

20. Resolution: Denial of Rezoning. (Ward 3/19/07)

Resolved, the Amherst Town Board hereby denies the proposed rezoning of 20 East Royal Parkway from R-3 to MS (Motor Service).

RES-2007-178 : Denial of Rezoning 10.1.12






Page 1

25. Resolution: Retiree Health Insurance. (Mohan 4/2/07)WHEREAS the Town of Amherst has a contractual obligation to provide fully paid medical insurance to retirees that were hired as full time employees prior to January 1, 1977, and

WHEREAS the cost of medical insurance has increased dramatically over the past several years, resulting in a significant financial burden on the Town, and

WHEREAS the Town has been reimbursing Medicare-eligible retirees for the cost of Medicare deducted from their Social Security benefits, at a total annual cost of approximately $300,000, and

WHEREAS there are currently 172 Medicare-eligible retirees who continue enrollment in either the Traditional or Passport PPO plans, despite the fact that the Town has funded Medicare for over thirty years, and Medicare is designed to provide health care coverage to retirees once they reach 65 years of age, and

WHEREAS Independent Health Medicare Encompass provides coverage that is in many aspects superior to the current coverage carried by these retirees, and additionally the Town suggests a promotional gesture of giving a $500 debit card to cover the cost of co-pays and other medical expenses, prescription coverage with co-payments of $3/$15/$30 and freedom to choose care from both in-network and out-of-network health care providers throughout the country, and

WHEREAS the cost of Independent Health Medicare Encompass is significantly lower than the other aforementioned plans, which would result in annual savings to the Town in excess of $500,000, and

WHEREAS 75 Town retirees are currently enrolled in Independent Health Medicare Encompass and are completely satisfied with the plan, therefore

BE IT RESOLVED that the Town hereby takes advantage of this opportunity to realize substantial future savings while maintaining the quality of medical coverage offered to retirees by placing all eligible retired Town employees in the Independent Health Medicare Encompass plan, and

BE IT FURTHER RESOLVED that the effective date of this change shall be May 1, 2007.

RES-2007-182 : Retiree Health Insurance 10.1.13




Department: CouncilmembersInitiated by: Shelly Schratz


Page 1

26. Resolution: NYPA. (Schratz 4/2/07)

WHEREAS the Town of Amherst is interested in pursuing energy and operational cost efficiencies leveraging utility savings to offset capital improvements; and

WHEREAS Town of Amherst representatives have met with the Power Authority of the State of New York regarding its Energy Services Program,

NOW THEREFORE BE IT RESOLVED that the Amherst Town Board authorizes the Town Supervisor to sign an Energy Services Program agreement with the Power Authority of the State of New York at no current cost to the Town with the intent of reviewing any and all existing Town facilities for future energy saving projects.

RES-2007-183 : Nypa 10.1.14






Page 1

28. Resolution: Master Plan Amendment Process. (Mohan 4/16/07)

WHEREAS, the Town of Amherst adopted the Comprehensive Master Plan on, January 2, 2007, andWHEREAS, Town Law 272-a (11) requires that after the adoption of the Master Plan:(a) All Town land use regulations must be in accordance with the Adopted ComprehensiveMaster Plan, and (b) All plans for capital projects of another government agency on land included in the Adopted Comprehensive Master Plan shall take such plan into consideration, andWHEREAS, Town Law 272-a (11) (a) provides that simultaneous adoption of an amendment to the Comprehensive Master Plan and a Zoning Amendment is valid, assuming that the necessary planning has been accomplished and the required procedures followed, andWHEREAS, Town Law Revised Section 272-a, Page 442 states that a Town Board may authorize its Planning Board or other 'special board' to prepare amendments to the Comprehensive Master Plan and to recommend approval of the same by the Town Board.WHEREAS, Town Law 272-a (10) requires periodic reviews of the adopted Master Plan. Article 16, of the Town Law 272-a, page 443 also states: "A mandatory component of a comprehensive plan adopted pursuant to Town Law 272-a is a time period within which the comprehensive plan will be reviewed to determine if changed circumstances require its amendment or if it remains valid. See Town Law 272-a (10). Although the statute permits each town board to determine such maximum review period, a default in timely reviewing a previouslyadopted comprehensive plan certainly places all amendments in jeopardy of invalidation."WHEREAS, The Town's Adopted Comprehensive Master Plan in Section 11.6: Plan Amendment Process, states that flexible amendment procedures are necessary to respond to ever changing social, physical, regulatory, and environmental conditions in Amherst. It states: "Flexible amendment procedures are necessary to respond to these changes. Shorter-term amendments with fewer implications for the overall direction provided in the plan can be accomplished as economic development opportunities are presented", andWHEREAS, The Bicentennial Comprehensive Plan, Section 11.6 provides for:(i) Opportunity Review(ii) Annual Review(iii) Five Year ReviewThis section 11.6 leads to a plan amendment process as in Figure 1.WHEREAS, in view of the Comprehensive Master Plan recommendations, and in accordance with the Town Law 272-a, it is required that the Town approve a formal plan amendment process, andWHEREAS, the only workable process will start with “Opportunity Review Amendment,” that will feed into “Annual Review Amendment,” which will feed into “Five Year Review Amendment,” therefore,

BE IT RESOLVED that the process outlined in Flow Chart (Figure 2), be approved, and

RES-2007-185 : Master Plan Amendment Process 10.1.15



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Town of Amherst

BE IT FURTHER RESOLVED, that the Planning Department be directed to develop a Zoning Map of the Town, in accordance with the Adopted Comprehensive Master Plan in the next three months, i.e. by July 31, 2007.

RES-2007-185 : Master Plan Amendment Process 10.1.15




Department: PlanningInitiated by: Eric Gillert


Page 1

Installation of Sidewalks West Side of Sweet Home Rd. From N. Ellicott Creek Rd. to the Ellicott Creek Bike Path (Planning

6/18/07)DRAFT RESOLUTION (Meeting of June 4, 2007)

Purpose: To require the installation of sidewalks on the west side of Sweet Home Road from North Ellicott Creek Road to the Ellicott Creek Bike Path

WHEREAS, on December 31, 2006 an Amherst resident sent a written request to the Town to require the installation of a sidewalk along Sweet Home Road from North Ellicott Creek Road to the Ellicott Creek Bike Path; and

WHEREAS, one of the affected parcels is the Town of Amherst Bike Path located at 2390 Sweet Home Road; and

WHEREAS, the request was placed on the February 15, 2007 Planning Board agenda for their consideration and recommendation to the Town Board; and

WHEREAS, the Planning Department forwarded the request to the Engineering Department and the Traffic-Safety Board for review; and

WHEREAS, on February 12, 2007 the Traffic-Safety Board sent a review to the Planning Department recommending approval of a 5-ft. wide concrete sidewalk in the subject area; and

WHEREAS, on February 13, 2007 the Engineering Department sent a review to the Planning Department recommending that the action be held until a full review of existing conditions could be conducted without snow cover; and

WHEREAS, the Planning Board voted at its meeting of February 15, 2007 to table the request until its May 17, 2007 meeting; and

WHEREAS, there are existing sidewalks along Sweet Home Road to the south of North Ellicott Creek Road and across the Ellicott Creek Diversion Channel; and

WHEREAS, a sidewalk will be installed as part of previous site plan approval granted for the property located at 2360-2370 Sweet Home Road; and

WHEREAS, on May 10, 2007 the Engineering Department sent a review to the Planning Department stating that since there are no physical obstructions that would prevent a 5-ft. wide

RES-2007-319 : Installation of Sidewalks 10.1.16



Page 2

Town of Amherst

concrete sidewalk at this location, the sidewalk installation is recommended, which review also noted six (6) observations related to the sidewalk installation, including that the sidewalk would not be a direct connection to the Ellicott Creek Bike Path due to the grade change along the creek bank; and

WHEREAS, at its meeting of May 17, 2007 the Planning Board voted to recommend to the Town Board to require the installation of a sidewalk along the Sweet Home Road frontages of the parcels addressed as follows by October 30, 2007:

Address SBL # Owner2350 Sweet Home Road 40.12-1-8.212 Gregory Andreozzi &

Chris DeBernardisNiagara Mohawk right-of-way 40.08-3-6 Niagara Mohawk2390 Sweet Home Road 40.08-3-7 Town of Amherst

NOW THEREFORE BE IT RESOLVED, that the Town Board orders that a 5-ft. wide concrete sidewalk be installed along the Sweet Home Road frontages of the above parcels by October 30, 2007.

FISCAL IMPACT:

Adoption of the proposed resolution requires the cost of installation of sidewalk along town of Amherst property located at 23900 Sweet Home Road (30 ft.), which may include additional grading and raisingof the existing manhole rims.

RES-2007-319 : Installation of Sidewalks 10.1.16






Page 1

Naming of the Bruce Kershner Old Growth Forest (Ward 6/18/07)

WHEREAS the development of the 47 acres adjacent to the County Club of Buffalo, between Sheridan Drive and Main Street, near Youngs Road, has some 2.2 acres of old growth forest, and

WHEREAS as the result of litigation between the developer and the County Club of Buffalo, the developer has agreed to place a berm separating the development from the Country Club, and place certain deed restrictions on the land to protect these ancient trees, and

WHEREAS this would still allow for the division of the treed areas into several parcels making it more difficult to insure that these trees can be preserved in their old growth character; now then be it

RESOLVED the Amherst Town Board hereby authorizes and directs the Town Attorney to enter into further negotiations, and such litigation as may be necessary, in order to keep the entire said 2.2 acre parcel containing the said old growth trees intact as one parcel, and drafting a conservation easement, or public park designation resolution to cover these premises and thereby extend maximum environmental protection to these trees; and be it further

WHEREAS the development of the 47 acres adjacent to the County Club of Buffalo, between Sheridan Drive and Main Street, near Youngs Road, has some 2.2 acres of old growth forest, and

WHEREAS as the result of litigation between the developer and the County Club of Buffalo, the developer has agreed to place a berm separating the development from the Country Club, and place certain deed restrictions on the land to protect these ancient trees, and

WHEREAS this would still allow for the division of the treed areas into several parcels making it more difficult to insure that these trees can be preserved in their old growth character; now then be it

RESOLVED the Amherst Town Board hereby authorizes and directs the Town Attorney to enter into further negotiations, and such litigation as may be necessary, in order to keep the entire said 2.2 acre parcel containing the said old growth trees intact as one parcel, and drafting a conservation easement, or public park designation resolution to cover these premises and thereby extend maximum environmental protection to these trees; and be it further

RESOLVED the Amherst Town Board hereby names such old growth forest in honor of Bruce Kershner, a well-known local environmentalist, and citizen advocate for the preservation of old growth forests.

RES-2007-286 : Naming of Bruce Kershner Old Growth 10.1.17



Page 2

Town of Amherst

RES-2007-286 : Naming of Bruce Kershner Old Growth 10.1.17






Page 1

Saving Trees ResponsibilityWHEREAS, the surprise snowstorm of October 12-13, 2006, caused trees throughout Amherst to lose limbs and otherwise suffer damage; and

WHEREAS, pursuant to current regulations, the Town of Amherst must remove irreparably damaged trees on or before October 24, 2007, in order to receive reimbursement from the Federal Emergency Management Agency (FEMA); and

WHEREAS, Senator Charles E. Schumer has requested that FEMA extend this deadline for reimbursement, in order to ascertain whether damaged trees may survive; and

WHEREAS, extension of the deadline would accord with the will of the Amherst Town Board; and

WHEREAS, if the Town of Amherst cannot secure an extension of FEMA’s deadline for reimbursement for removal of damaged trees, the Town must timely pursue such removal in a fashion that is fiscally responsible, but that also provides maximum opportunity for trees to survive;

NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst requests that FEMA extend by one year its deadline for reimbursement for removal of Amherst trees damaged by the snowstorm of October 12-13, 2006; and

BE IT FURTHER RESOLVED that the Amherst Highway Department shall immediately arrange to remove the 1,097 Amherst trees that it has identified as “critical” or “dead,” or as posing a “severe” or a “high” risk; and

BE IT FURTHER RESOLVED that, if the Town of Amherst procures such an extension, the Amherst Highway Department shall not remove any trees damaged by the snowstorm of October 12-13, 2006, provided that they have not been identified as “critical” or “dead” or as posing a “severe” or a “high” risk, until the summer of 2008, at the earliest; and

BE IT FURTHER RESOLVED that, if the Town of Amherst does not procure such an extension on or before July 15, 2007, the Town shall implement a procedure that incorporates the following elements:

1. On or before July 20, 2007, the Town shall advertise in the Amherst Beeand on the Town website the opportunity for any person or business entity that owns property in the Town of Amherst to “adopt a tree” slated for removal as a result of damage wrought by the snowstorm of October 12-13, 2006.

RES-2007-344 : Saving Trees Rsponsibility 10.1.18



Page 2

Town of Amherst

2. Any person or business entity that wishes to adopt one or more trees shall notify the Town of Amherst of such intent by filing with the Town Clerk on or before August 1, 2007, a written notice, on a form to be drafted by the Town Attorney, that identifies such tree(s) with particularity.

3. On or before August 9, 2007, any person or agent of a business entity that has filed requisite notice to adopt a tree shall sign a legally binding document, to be prepared by the Town Attorney, by which the adopting person or business entity agrees to be assessed the cost of the tree’s removal (including grinding and removal of the remaining stump) and the cost of such tree’s replacement with a new tree of a default size and species chosen by the Amherst Highway Superintendent, or of a size and species selected by the adopting person or business entity:

(i) if an arborist retained by the Town finds on or before December 31, 2009, that the tree has died; and(ii) if FEMA has not extended on or before August 31, 2007, its October 24, 2007, deadline for reimbursement of tree removal.

4. A certified arborist retained by the Town, on or before August 15, 2007, shall have examined every tree (i) damaged by the snowstorm of October 12-13, 2006, and (ii) previously marked for potential removal. On or before October 24, 2007, the Town of Amherst shall remove any tree (i) identified by such arborist as not having any reasonable chance for survival beyond 2007; and (ii) not previously adopted pursuant to the procedures in subdivisions (2) and (3).

5. Within three (3) years of removal, the Amherst Highway Department shall arrange to replace every tree irreparably damaged by the snowstorm of October 12-13, 2006, with a new tree of a size and species selected by the Amherst Highway Superintendent. Any Amherst property owner who has not adopted a tree may select a tree of a size and species of his or her own choosing to replace a storm-damaged tree previously located in a right-of-way adjoining the boundary of his or her property, provided that he or she agrees timely to reimburse the Town of Amherst for any marginal cost of such replacement above the cost of the default replacement designated by the Highway Superintendent.

RES-2007-344 : Saving Trees Rsponsibility 10.1.18






Page 1

Denial of (Former) Gun Club Rezoning

RESOLVED, the Amherst Town Board hereby denies the proposed rezoning of 218 and 330 Maple Road (former Gun Club property) from R-3 and C-F to MFR-6 and GB.

RES-2007-393 : Denial of (Former) Gun Club Rezoning 10.1.19






Page 1

Strengthen Town of Amherst Property Maintenance Code

WHEREAS the Town of Amherst continues to receive property maintenance complaints from residents in the residential sections of the Town about uncut grass and weeds, rubbish, especially during the summer months; and

WHEREAS it appears to the residents that either the existing code provisions are not strong enough, or the enforcement procedures and apparatus are not working, or both; now therefore be it

RESOLVED the Amherst Town Board hereby directs the Town Attorney, in conjunction with the Commissioner of Building, to draft such enhancements, improvements, revisions and amendments to the Town’s Property Maintenance Code to improve its operation and strengthen its enforcement, and make it function better, to meet the expectations of the residents.

RES-2007-394 : Strengthen TOA Property Maintenance 10.1.20






Page 1

Revised Saving Trees ResponsiblyWHEREAS, the surprise snowstorm of October 12-13, 2006, caused trees throughout Amherst to lose limbs and otherwise suffer damage; and

WHEREAS, pursuant to current regulations, the Town of Amherst must remove irreparably damaged trees on or before October 24, 2007, in order to receive reimbursement from the Federal Emergency Management Agency (FEMA); and

WHEREAS, Senator Charles E. Schumer has requested that FEMA extend this deadline for reimbursement, in order to ascertain whether damaged trees may survive; and

WHEREAS, extension of the deadline would accord with the will of the Amherst Town Board; and

WHEREAS, if the Town of Amherst cannot secure an extension of FEMA’s deadline for reimbursement for removal of damaged trees, the Town must timely pursue such removal in a fashion that is fiscally responsible, but that also provides maximum opportunity for trees to survive; and

WHEREAS, at its meeting on July 2, 2007, the Amherst Town Board approved the retention of a certified arborist to review all trees damaged by the snowstorm of October 12-13, 2006;

NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst requests that FEMA extend by one year its deadline for reimbursement for removal of Amherst trees damaged by the snowstorm of October 12-13, 2006; and

BE IT FURTHER RESOLVED that the Amherst Highway Department shall immediately arrange to remove the 1,097 Amherst trees that it has already identified as “critical” or “dead,” or as posing a “severe” or a “high” risk; and

BE IT FURTHER RESOLVED that the Amherst Highway Department shall arrange to remove on or before October 24, 2007, any other trees identified by the certified arborist as “critical” or “dead,” or as posing a “severe” or a “high” risk to persons or property; and

BE IT FURTHER RESOLVED that, with regard to any tree not identified for removal by the certified arborist, the Town of Amherst shall implement a procedure that incorporates the following elements:

1. On or before October 31, 2007, the Town shall advertise in the Amherst Bee and on the Town website the opportunity for any person or business entity that owns property in the Town of Amherst to “adopt a tree” damaged during the snowstorm of October 12-13, 2006, but not identified for removal by the certified

RES-2007-401 : Revised Saving Trees Responsibly 10.1.21



Page 2

Town of Amherst

arborist.

2. Any person or business entity that wishes to adopt one or more trees shall notify the Town of Amherst of such intent by filing with the Town Clerk on or before November 30, 2007, a written notice, on a form to be drafted by the Town Attorney, that identifies such tree(s) with particularity.

3. On or before December 31, 2007, any person or agent of a business entity that has filed requisite notice to adopt a tree shall sign a legally binding document, to be prepared by the Town Attorney, by which the adopting person or business entity agrees to be assessed the cost of the tree’s removal (including grinding and removal of the remaining stump) and the cost of such tree’s replacement with a new tree of a default size and species chosen by the Amherst Highway Superintendent, if an arborist retained by the Town finds on or before December 31, 2009, that the tree has died.

RES-2007-401 : Revised Saving Trees Responsibly 10.1.21






Page 1

TOA Bird Conservation AreaWHEREAS the New York State Legislature enacted the Bird Conservation Area Program in 1997, and the Town of Amherst still does not have a BCA; therefore be it

RESOLVED the Amherst Town Board hereby authorizes the submission to the New York State Department of Environmental Conservation of Nature View Park as Amherst’s first Bird Conservation Area.

FISCAL IMPACT:

None.

RES-2007-397 : Bird Conservation Area 10.1.22


According to ECL §11-2001, a site must meet one or more of the following criteria to be designated as a Bird

Conservation Area:

1. Waterfowl Concentration Site; a location that regularly supports at least 2,000 birds such as loons,

grebes, cormorants, geese, ducks, coots and moorhens.

2. Pelagic Seabird Site; a location that regularly supports at least 100 birds of open water such as

shearwaters, storm-petrels, terns, fulmars, gannets, jaegers, alcids and other like birds and/or 10,000 gulls at

one time during some part of the year so long as the primary food source for such birds is not anthropogenic

(created by humans, e.g. garbage dumps).

3. Shorebird Concentration Site; a location that supports at least 300 birds such as plovers, sandpipers, and

other like birds during some part of the year.

4. Wading Bird Concentration Site; a location that supports at least 100 birds such as bitterns, herons,

egrets, ibises and other like birds during some part of the year.

5. Migratory Concentration Site; a location that is a flight corridor stopover site for an exceptional number or

diversity of migratory songbirds during either spring or fall seasons.

6. Diverse Species Concentration Site; a location that supports a distinctive group of indigenous bird species

that is the consequence of local habitats which result from unique vegetational, geological, geographical,

topographical, or microclimatological circumstances.

7. Individual Species Concentration Site; a location that supports at least one bird species during one or

more seasons of the year as a regionally unique, dense (for the species) population.

8. Species at Risk Site; (1) a location that supports a significant population of a species that is listed either

federally or by New York as endangered, threatened, or of special concern, or (2) which supports a species

that is verified by either the commissioner or the state ornithologist as being rare or declining within New York

state, or (3) an exceptional, rare, or remnant native habitat, vegetative community, or landscape segment that

supports one or more significant habitat dependent populations of wild bird species.

9. Bird Research Site; a location where a wild bird population research and/or monitoring project of at least

five consecutive years' duration is conducted and contributes to the science of ornithology and/or bird

conservation policy through publicly accessible scholarly and/or scientific publications.

CriteriaBird Conservation Area Program

Page 1 of 1Criteria - NYS Dept. of Environmental Conservation

7/10/2007http://www.dec.ny.gov/animals/28841.html?showprintstyles

Attachment: Bird Conservation Area Program 10.1.22.1

RES-2007-397 : Bird Conservation Area Packet Pg. 80





Page 1

Highway Department Budget OverrunsWHEREAS, at its meeting on July 2, 2007, the Amherst Town Board voted to transfer $50,000 from Fund Balance to the Highway Department to offset overruns in the cost of employee health care; and

WHEREAS, such cost overruns resulted from the failure of the Town of Amherst to reach an agreement with the Amherst Highway Employees’ Association (AHEA), the bargaining unit representing many Highway Department employees, to switch to a single health insurance provider; and

WHEREAS, overruns in the cost of Highway Department employee health care will continue so long as the Town of Amherst fails to reach an agreement with the AHEA; and

WHEREAS, draining the Fund Balance of the Town of Amherst does not represent good budgetary practice;

NOW, THEREFORE, BE IT RESOLVED that, so long as the Town of Amherst has failed in 2007 to reach an agreement with the AHEA to switch Highway Department employees to a single health insurance provider, funds henceforth shall be transferred pro rata from other lines in the Highway Department’s operating budget to offset overruns in the cost of Highway Department employee health care.

RES-2007-402 : Highway Dept Budget Overruns 10.1.23






Page 1

Reassessment Bid and the Contract..

FISCAL IMPACT:

None

RES-2007-433 : Reassessment Bid and the Contract 10.1.24




Department: CouncilmembersInitiated by: William L. Kindel


Page 1

Committee Appointment of John Hubert to the Traffic Safety Board for a Term to Expire on 12/31/09

.

RES-2007-449 : Committee Appointment 10.1.25






Page 1

Highway Medical Expense- Fund Balance Transfer.

FISCAL IMPACT:

Fund Balance reduced in Highway Fund by $50,000 to increase budget in medical insurance expense due to unsettled contract

RES-2007-473 : Highway Medical Expense- Fund Balance 10.1.26






Page 1

Local Law for Sump Pump Inspection RequirementsBE IT RESOLVED that the Town Attorney be directed to prepare a local law in coordination with the Building Commissioner and the Town Engineer to amend the Town Code of the Town of Amherst to incorporate the following requirements in regard to sump pumps, as is already being implemented in Tonawanda:

1) Inspection of sump pump and footing drains upon transfer of property.*

No person shall transfer title to another person nor accept from any other person the transfer of title to any structure or parcel of land upon which a structure is located unless and until the Plumbing Inspector or other authorized agents of the town shall have inspected the sump pump system, footing drains, yard drains, and downspouts on said structure or parcel of land and issued a certificate of compliance stating that the same is found to be in compliance with the provisions of this chapter restricting the discharge of unpolluted waters into the sanitary system. This section shall not apply to transfers of property by gift, intestacy, or testamentary disposition, transfers pursuant to the Federal Bankruptcy Act, transfers for which consideration is $100 or less, and transfers in connection with a partition.

2) Waiver of certificate of compliance for inspection of sump pump and footing drainsupon transfer of property.*

The Supervising Building Inspector may temporarily waive the requirement of a certificate of compliance as a prerequisite to transfer of title, as specified in #1 above, provided that the purchaser:

a) Shall have filed with the Supervising Building Inspector a written guaranty to correct any deficiencies to the sump pump system, footing drains, yard drains, and downspouts within a period of time to be specified by the Supervising Building Inspector; and

b) Shall have provided a sum of $1,500, which shall be held in escrow, and which sum shall be returned to the purchaser if the corrections are completed within the time specified in the guaranty, but which sum shall be forfeited to the Town of Amherst if needed corrections are not completed within the time specified in the written guaranty.

In the event that the needed corrections are not completed within the time specified in the written guaranty, the temporary waiver issued by the Supervising Building Inspector shall immediately expire and the purchaser shall be subject to the penalties prescribed above.

*Borrowed from Tonawanda Town Laws.

RES-2007-446 : Local Law for Sump Pump Inspection 10.1.27



Page 2

Town of Amherst

FISCAL IMPACT:

.

RES-2007-446 : Local Law for Sump Pump Inspection 10.1.27






Page 1

Tree Felling ProgramWHEREAS, the October 2006 storm damaged 10,839 trees, out of which 7,995 trees were identified eligible for FEMA funds; the remaining 2,844 trees were either damaged or dead prior to the October 2006 storm, and

WHEREAS, 1,063 of the 7,995 FEMA eligible trees were cut in the month of July 2007 by a county contractor. All of these first-list trees were identified as having severe to high safety risk and/or in critical or dead condition, and

WHEREAS, the remaining 6,932 trees are now being considered for felling; they have been classified by the county-appointed arborist as below:

Moderate Safety Risk and Poor Condition - 6,619Moderate Safety Risk and Fair Condition - 10Minimal Safety Risk and Poor Condition - 299Minimal Safety Risk and Fair Condition - 3No Safety Risk and Fair Condition - 1

6,932

WHEREAS, an arborist has classified these 6,932 trees with varying degrees of risk, and the Highway Department is now sample-checking them, and all of these 6,932 trees:

(i) have moderate to minimal safety risk,

(ii) deserve to have a chance to full growth in the next one year,

(iii) do add to the value of the adjoining properties and contribute to climate control, and

(iv) are loved by the residents, and

WHEREAS, one of the most important duties of a town is to always ensure the happiness, welfare, and safety of its citizens to its utmost capacity, therefore,

BE IT RESOLVED that before any of the 6,932 trees is ordered for felling by the Highway Department, the following steps should be taken:

(i) The list of the 6,932 trees be published on the town’s website, and

(ii) Each resident on whose property line the tree falls be written about theFact that the town is considering felling the tree(s) on their property line, and

RES-2007-447 : Tree Felling Program 10.1.28



Page 2

Town of Amherst

(iii) Each of the residents be requested to:

(a) Consent or refuse the felling of the tree(s) on their property line, and(b) Undertake the responsibility of any safety risks from not felling the tree, and

BE IT FURTHER RESOLVED that only those trees for which written consents by the residents have been received be felled this year, and the remaining trees be allowed to exist for one more year.

FISCAL IMPACT:

.

RES-2007-447 : Tree Felling Program 10.1.28






Page 1

Trees ProgramWHEREAS, 1,063 trees have been felled in the month of July 2007, leaving stumps, and

WHEREAS, FEMA has not so far agreed to fund stump grinding while the stumps pose safety risk and are also potential locations for replanting, and

WHEREAS, the cumulative diameter sizes of the 1,063 trees approximate to 15,500 inches, and

WHEREAS, the costs of the stump grinding debris removal and filling with top soil vary from $2/inch to $3/inch, therefore

BE IT RESOLVED that the Highway Department be appropriated $40,000 from Highway funds balance to complete the stump grinding work.

FISCAL IMPACT:

.

RES-2007-448 : Trees Program 10.1.29






Page 1

Sidewalk Installation Waiver @ Nos. 213, ____, and ______Northledge Drive

RESOLVED, the Amherst Town Board hereby waives the sidewalk installation requirement, and exempts its application to the residential properties on the north side of Northledge Drive between Burroughs Drive and Lakewood Parkway.

FISCAL IMPACT:

None

RES-2007-494 : S/W Installation Waiver for Northledge 10.1.30






Page 1

Highway Medical Insurance - the Budget for the Fiscal Year Has Been Exhausted. the Board Will Need to Authorize a

Reduction In Fund Balance Each Month, or a Budget Transfer In Another Line Item.

.

FISCAL IMPACT:

Highway Medical Insurance budget was reduced by $50,000 per month since March 1

Either we use Fund Balance or some other line item budget transfer to remain within the budget.

RES-2007-520 : Highway Medical Insurance 10.1.31




Department: Building/Building MaintenanceInitiated by: F. Robert Danni


Page 1

Request to Utilize Renovated Space At 4415 New RdPlease authorize the Building Department to occupy and utilize the renovated space in garage A at 4415 New Road. The renovation consists of a new outside concrete walk, new electric, lighting and insulation.

This space was renovated by the Building Maintenance Division for storage of archival records from the Records Center at 5178 Main Street which was to be used by People Inc. for a disabilities museum. However, People Inc. notified the Town that they are terminating the project, therefore, the records will not be moved.

The Building Department is in critical need of additional file storage space. Current space limitations preclude keeping more than 5 years of building permit files. Further, limited space hampers an efficient filing and retrieval system.

FISCAL IMPACT:

Financial impact not available at this time.

RES-2007-568 : Request to Utilize Renovated Space At 10.1.32






Page 1

7:00 PM Proposed Local Law: to Ensure Public Facilities Are Available Prior to the Approval of New Land Use

Development.Mohan/Ward, close the public hearing. 7-0Ward/Mohan, table and approve with a Negative Declaration and set a decision date for 9/17/07. 7-0

FISCAL IMPACT:

.

RES-2007-545 : Proposed LL Pub Fac Land Use 10.1.33






Page 1

7:15 PM Rezoning: 218 & 330 Maple Road , 28.114 Acres From CF to GB and 5.212 Acres From CF & R-3 to MFR-6,

Benderson Development Company, LLC, Petitioner.Mohan/Kindel, close the public hearing and set a comment period date of 9/14/07. 6-1, Ward - no

FISCAL IMPACT:

.

RES-2007-546 : 7:15 PM Rez 218 & 330 Maple Road 10.1.34






Page 1

Term Limits

WHEREAS the Amherst taxpayers have a right to be heard; and

WHEREAS term limits with no grandfather clause should be at the sole discretion of the people and not seven Board members; and

WHEREAS several Board members have stated publicly their desire for community involvement with regard to the open space and deputy supervisor referendums; and

WHEREAS the Town Board needs to show the people once and for all that we can work together;

NOW THEREFORE BE IT RESOLVED the Town Board directs the Town Clerk to schedule a special meeting, if necessary, to hold a public hearing; and

BE IT FURTHER RESOLVED the Town Board directs the Town Attorney to prepare a local law and any and all documents needed for a public hearing and mandatory referendum pertaining to term limits excluding a grandfather clause.

FISCAL IMPACT:

$100

RES-2007-558 : Term Limits 10.1.35






Page 1

Town Business Manager

WHEREAS Section 58 of New York State Town Law allows towns to create a Town Manager form of government; and

WHEREAS the Chamber of Commerce and the Who Does What Committee urged the Town to consider the Town Business Manager form of government; and

WHEREAS the Town Board has agreed the taxpayers have a right to decide;

NOW THEREFORE BE IT RESOLVED the Town Board directs the Town Attorney to draft a local law creating the position of a Town Manager and including a mandatory referendum for the upcoming election.

FISCAL IMPACT:

$100,000

RES-2007-559 : Town Business Manager 10.1.36






Page 1

Daniel Meyer, & Susan Vasi, Niagara Frontier Watercolor Society, Re: Availabilty of the Vacant Power Building on the

Amherst State Park Grounds..

RES-2007-587 : D. Meyer & S. Vasi - Nia Front Wtrclr Soc 10.1.37






Page 1

Salary ReviewWHEREAS the Citizens’ Salary Review Commission was created and charged with reviewing the salaries of elected officials in the Town of Amherst and making recommendations to the Town Board with regard to the appropriate levels of such salaries, and

WHEREAS the Town of Amherst Equal Pay Commission was created and charged with reviewing the salaries of exempt employees in the Town of Amherst and making recommendations to the Town Board with regard to the appropriate levels of such salaries, be it therefore

RESOLVED that the Director of Human Resources is hereby directed to convene the Citizens’ Salary Review Commission and the Town of Amherst Equal Pay Commission to meet and make respective salary recommendations to the Town Board.

FISCAL IMPACT:

.

RES-2007-591 : Salary Review 10.1.38






Page 1

Violation of Town CodeWHEREAS, several Resolutions have been made in the last several months by some Town Board members regarding appointments in the Executive Branch of the Town government, and

WHEREAS, the Amherst Town Code in Article 4-7 clearly states that the Supervisor shall appoint a Department Head within the Executive Branch, and

WHEREAS, the Town Board members have taken an oath of office to uphold the laws of the County, the State, and the Town, and

WHEREAS, I have identified some serious charges against the Assessor, which have not been responded to and thus not yet cleared, and

WHEREAS, the repeated Resolutions of the Town Board members to reappoint the current Assessor is giving rise to poor discipline, a complete degradation of the Town CEO’s authority, and

WHEREAS, the actions of some Town Board members is against Town Laws, therefore,

BE IT RESOLVED that the Town Attorney be directed to write a letter to the State Attorney General asking his opinion on the following:

(i) Are the actions of a Town Board member who acts in violation of the Town Code illegal and a violation of his/her oath of office, and

(ii) If an employee has been served with some charges, which have not yet been cleared, and if a Town Board member suggests his/her reappointment, is he/she an accomplice in the charges now under consideration?

,

FISCAL IMPACT:

None

RES-2007-590 : Violation of Town Code 10.1.39






Page 1

Bid Award for Tree Removal, Pruning and Stump Grinding..

FISCAL IMPACT:

.

RES-2007-646 : Bid Award 10.1.40




Department: Town ClerkDOC ID: 1712

COMMUNICATION 2007-168 SCHEDULED

Page 1

Summons with Notice: Micro-Link, LLC Against the Town of Amherst, County of Erie, New York.

.

COM-2007-168 : Summons with Not: Micro Link 11.1

COMMUNICATIONS: Packet Pg. 101





Page 1

Summons and Complaint: HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew, NY 14043 Vs. John W. Kratz, Empire Portfolios, Inc., Town of Amherst, John Doe .

Being Fictitious, It Being the Intention of Plaintiff to Designate Any and All Occupants of Premises Being Foreclosed Herein, and Any Parties, Corporations, or

Entities, If Any, Having or Claiming an Interest or Lien Upon the Mortgaged Premises.)

Summons and Complaint: HSBC Mortgage Corporation (USA), 2929 Walden Avenue Depew, NY 14043 vs. John W. Kratz, Empire Portfolios, Inc., Town of Amherst, John Doe (said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations, or entities, if any, having or claiming an interest or lien upon the mortgaged premises.)

COM-2007-169 : Summons & Complaint HSBC Mtg 11.2






Page 1

James T. Vitthuhn, President, Ellicott Creek Volunteer Fire Co., Inc., 2008 Budget Request.

.

COM-2007-170 : Ellicott Creek Fire Dept 11.3






Page 1

Donna Marotto, USPS, Re: East Amherst Retail Finance Station.

.

COM-2007-171 : Donna Marotto, USPS 11.4






Page 1

Paul Iskalo, Iskalo Development Corp., Re: Mennonite Meeting House., 5178 Main Street.

.

COM-2007-172 : Paul Iskalo - Mennonite Mtg. Hse. 11.5






Page 1

Summons and Complaint: M&T Bank Successor by Merger to M&T Mortgage Corporation, One Fountain Plaza, Buffalo,

NY 14203 Vs. Nancy I. Crean, James V. Crean, Amherst-Cheektowaga-Tonawanda Home Consortium, Bethel Federal

Credit Union, Erie County Probation Department O/B/C William Machanian, Ford Motor Credit Company, John Doe

(Said Name Being Fictitious, It Being the Intention of Plaintiff to Designate Any and All Occupants of Premises Being Foreclosed Herein, and Any Parties, Corporations, or

Entities, If Any, Having or Claiming an Interest or Lien Upon the Mortgaged Premises.)

.

COM-2007-173 : Summ & Compl M&T 11.6






Page 1

Notice of Claim: Allstate Insurance Company, As Subrogee of Charlotte and Jeffrey Mallon Against Town of Amherst.

.

COM-2007-174 : Notice of Claim: Allstate/Mallon 11.7






Page 1

Geoff Richter-Amherst Symphony Orchestra Association.Request a fee waiver for portable signs at the Mennonite Meeting House, Main & Forest and either 450 Maple Road or 500 Maple Road from 10/14-21, 2007, 11/25-12/2 2007, 2/3-10, 2008 and 3/30-4/6, 2008.

COM-2007-175 : Geoff Richter-Amherst Symp Orch Assoc 11.8


Attachment: ag 10-1 1759 Amh Symp Orch 11.8.1

COM-2007-175 : Geoff Richter-Amherst Symp Orch Assoc Packet Pg. 109





Page 1

Thomas P. DiNapoli, State Comptroller, Re: Requesting an Audit..

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COM-2007-176 : Thomas P. DiNapoli, State Comptroller 11.9


Attachment: ag 10-1 1764 T. Di Napoli NYS Compt 11.9.1

COM-2007-176 : Thomas P. DiNapoli, State Comptroller Packet Pg. 111





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Allyn Kain, 410 Sunrise Blvd., Re: Amhrest Shooting Club..

COM-2007-177 : Allyn Kain 11.10






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Ellen Hooven, Re: Thank You to Senior Services..

COM-2007-178 : Ellen Hooven, Re: Thank You to Senior 11.11






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Earl Zimmerman, Snyder Fire District, Re: County Executive Proposed 911 System Consolidation.

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COM-2007-179 : County Executive Proposed 911 System 11.12






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2008 Elected Officials Salaries.

COM-2007-180 : 2008 Elected Officials Salaries 11.13






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Application: Greythorne Subdivision #2924 - Waterline #2925 - Sanitary Sewer #2926 - Storm Sewer

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FISCAL IMPACT:

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RES-2007-684 : PIP - Greythorne 12.1

PUBLIC IMPROVEMENT PERMITS: Packet Pg. 116

Documents

Town of Amherst - Granicus