Meeting No. 13 August 24, 1998 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, New York 14075
Supervisor Hoak calls the meeting to order at 7:00 p.m.
Roll Call: Patrick H. Hoak Supervisor D. Mark Cavalcoli Councilman Kathleen C. Hochul Councilwoman Joan A. Kesner Councilwoman Thomas Quatroche, Jr. Councilman
Also Present: George Danyluk Town Clerk Richard Boehm Deputy Town Attorney James Spute Director of Finance Richard Lardo Prin. Engineering Assistant Drew Reilly Planning Consultant Mathew Czerwiec Police Chief Robert Hutchison Town Assessor Kurt Allen Supervising Building Inspector James Farrell Director of Senior Citizens Rick Krautsack Working Crew Chief
The Pledge of Allegiance was recited.
Information on Fire Exits was provided.
Supervisor refers to a letter he received from Coyle Atkinson, Jr., Committee Chairman - Fire Fighter of the Year, stating that four Fire Fighters from the Lake Shore Volunteer Fire Company will receive the Association’s Highest Award, Fire Fighter of the Year. They are Assistant Chief Francis Pluta, Fire Fighters Paul Felegy, Christopher Zak and Brian Even. Police Lieutenant Michael Williams will also be recognized. In addition, two Fire Fighters from the Woodlawn Volunteer Fire Company were honored, Fire Fighter Robert Kryszak and Past Chief Vincent Pupo, Jr.. Awards were given at a Ceremony held at the Erie County Fair Grandstand Stage on August 14, 1998. Supervisor Hoak states that we are fortunate to have these individuals in our town. Councilwoman Kesner announces that on behalf of the Town of Hamburg they will honor them by placing their names on the plaque in the foyer of Town Hall.
I. RESOLVED, that the Town Board approve the minutes from the following meeting:
July 20, 1998 Town Board Meeting
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
II. RESOLVED, that the Town Board approve the hiring of Personnel for the Recreation Department as follows:
1. Tuttle, Whitney B7310(320) 07/22/98 $6.00
Moved: Quatroche Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried III. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, that the Buildings and Grounds Department be directed to install and maintain TH-1 BE A GOOD NEIGHBOR signage on separate posts at the following locations:
-Schoelkopf Rd: west side at intersection w/Old Lakeshore Rd. -Schoelkopf Rd: east side at intersection w/Eckhardt -Orchard Avenue: north side at intersection w/Amsdell (facing Amsdell, directly across from existing TH-1) -Orchard Ave: north side at intersection w/Glendale (facing Glendale) -Orchard Ave: south side at intersection w/Glendale (facing Glendale) -Countryside Lane: north side at intersection w/Abel (facing Abel, directly across from existing TH-1)
Moved: Hochul Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
IV. RESOLVED, that the Town Board grant permission for Timothy Pieczonka a student from Erie 1 BOCES to do Internship with the Police Department at no cost to the Town.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
V. WHEREAS, the Town of Hamburg has received a rezoning application from North Creek Associates for property located on North Creek Road northwest of the railroad tracks, and
WHEREAS, the applicant has requested that the property be rezoned from R-A (Residential Agricultural) to PRD (Planned Residential Development), and
WHEREAS, the Town Board and the Planning Department have reviewed the application with respect to the Town’s 2010 Comprehensive Plan (1997, Master Plan Update), and the Planning Board has informally reviewed the sketch plan, and
WHEREAS, the Comprehensive Plan recommends the usage of PRD zoning for “larger tracts of land with a major amount of valued green space (not environmentally restricted land), as indicated in the Open Space/Recreation Plan” and “Residential rezonings would only be considered for extenuating circumstances to preserve important features”, and “any rezonings should be only considered for use, and not increased density”, and
WHEREAS, the property in question has a large percentage of the property deemed to be important lands to the Town of Hamburg (per the Open Space/Recreation Plan), and the proposal includes the preservation of these lands without an increase in density.
THEREFORE BE IT RESOLVED, that the Hamburg Town Board finds merit in this application per the Town’s Comprehensive Plan, and
BE IT FURTHER RESOLVED, that the application be referred to the Town Planning Board for further review and recommendation.
BE IT FURTHER RESOLVED, that the Town Board wishes to conduct a coordinated SEQRA review with the Town Board as lead agent and directs the Planning Department to perform the required mailings and notices.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried Councilman Cavalcoli explains that being in the Lake View area one of the things that the Board has held very strongly to is that there would be no rezonings unless they fit in with the Master Plan. This property is looking to set aside 75% of the property as green space with clustering of the residents in a small area. There would be no greater density with this project than if it had remained R-A (Rural Agricultural). So they are not increasing the density but are getting control of a tremendous amount of open space and the developer has indicated that they are willing to put in trails and set aside land for these trails. The Town Board feels it has merit to go to the next stage of review.
VI. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, and due to changing conditions and uses, the following signage be removed from existing locations:
-W6-1 (School warning) from Orchard Avenue north and south sides in vicinity of Frontier Education Center. This action is being taken because the building is no longer used as a school. -R2-1 (Speed Limit 35) on the south side of Beetow Dr. should be replaced with R2-3 Area Speed 30. This action is being taken because the County has transferred ownership of this highway to the Town. It will now be under the Town speed limit of 30 MPH. W1-4 (Curve warning an 10 MPH advisory) on south side of Beetow Dr. near intersection w/Bayview. This action is being taken because an R1-1 (STOP) has been installed at the intersection. W1-3 (Curve warning w/10 MPH advisory) east side of Bayview at intersection w/Twilight should be replaced with a W2-2 because the configuration of Bayview Road has been changed with the addition of a new subdivision. W3-17 (Dead End) on east side of Bayview be replaced w/W3-18 (No Outlet) and moved north to the proper location according to the New York State Manual of Traffic Control Devices. This action is being taken due to changes in road configuration.
Moved: Hochul Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
VII. RESOLVED, that the Town Board approve the hiring of personnel for the Recreation Department as follows:
1. Melisz, Karen B7310 (320) 07/31/98 $8.00 Rec. Leader
Moved: Quatroche Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried VIII. RESOLVED, that Officer Norbert Schnorr, a member of the Town Police Emergency Response Team, be allowed to attend “Operation Tri Star” at Fort Drum, New York from September 13th - September 18, 1998.
Officer Schnorr has been requested to assist with the instruction of a Sniper Course with the New York State Police and other aspects of Tactical Operations as needed.
The intent of the operation is to form a partnership with Military and Civilian Law Enforcement to train Police tactical teams. As a member of the staff, Tri Star will provide lodging. Officer will provide his own transportation.
Meals: 6 days @ $40.00 = $240.00 Gas: Approximately $100.00
Total $340.00
Money is available in account B3120.492.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
IX. WHEREAS, the Town of Hamburg has received a rezoning application from John A. Russo for property located at 6316 and 6330 McKinley Parkway, and
WHEREAS, the applicant has requested that these properties (approximately 1.5 acres) be rezoned from R-1, (Single Family) to R-3 (Multi-Family) for the construction of 3 apartment buildings (9 units), and
WHEREAS, the Town Board and Planning Department have reviewed the application with respect to the Town’s 2010 Comprehensive Plan, and
WHEREAS, the Comprehensive Plan calls for this area to be single family residential homes but “Densities of up to one (1) lot per acre could be allowed if important attributes of the area were taken into consideration, or with the intention to conserve land”, and
WHEREAS, the rezoning is not being done to conserve land or to take into account important attributes of the area, and would result in densities much greater than 1 lot/acre.
NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg finds this application wholly not in conformance with the Comprehensive Plan, and
BE IT FURTHER RESOLVED, that the Town therefore will not “entertain” this request, and authorizes the Planning Department to return the application and fee to the applicant.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XI. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board that the Buildings and Grounds Department be directed to install and maintain W1-3 (curve arrow) w/W9-1 25 MPH advisory on the south side of Eckhardt Road (Lakeview), east of the intersection with Schoelkopf Road to warn motorists to slow down due to a curve in the road.
Moved: Hochul Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XII. RESOLVED, that the Town Board approve the travel request for Robert Brown and Nancy Crane to travel to Buffalo Public Library Auditorium on August 27, 1998 to attend a seminar on Information Reporting (Magnetic Media) and Electronic Filing of IRS Forms. The estimated cost is $5.00 and the money is available in account 1680.492.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XIII. RESOLVED, that the Town Board refund the development fee of $290 to Kathleen Ebert of Schultz Road and $290 to Ralph Fierle of Best Street. This is a transfer of land and not a subdivision of property. Money to be taken out of Account B-2115.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XIV. RESOLVED, that the Town Board approve the Out-of-Town Travel request for Joanne Eagan and Robert Loomis to travel to Rochester, N.Y. on August 26, 1998 to attend a seminar by the U.S. Equal Employment Opportunity Commission. The estimated cost is $500.00 and the money is available in account #A1430.492.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XV. RESOLVED, that the Town Board approve the hiring of personnel for the Town Board as follows:
1. McManus, Rosemary Clerk Typist P/T 08/17/98 - 09/11/98 $6.92
Moved: Kesner Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XVI. RESOLVED, that the Town Board approve the travel request for Robert Loomis to travel to the Radison Hotel, 4243 Genesee Street, Cheektowaga, N.Y. on September 17, 1998 to attend a seminar entitled New York State Unemployment Insurance Law. The estimated cost is $180.00 and the money is available in account A1430.492.
Moved: Hoak Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XVII. RESOLVED, that the Town Board grant permission for Richard Crandall to attend a workshop on Dealing with Upset Citizens and the Public on September 1, 1998 to be held at the Holiday Inn in Cheektowaga in the amount of $79.00. Money to be taken out of Account B8020.492.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XVIII. RESOLVED, that the Town Board approve the transfer of appropriations for the Personnel Department within the 1998 Budget as follows:
From: Consultant Fees A1430.456 $350.00
To: Seminars A1430.492 $350.00
Town Board requested attendance at Seminar and there were insufficient funds available in acct. A1430.492.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XIX. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, that the Buildings and Grounds Department be directed to install and maintain W1-3 (curve warning) w/W9-1 (15 MPH advisory) in compliance with the New York State Manual of Traffic Control Devices on Creekview Drive in the following locations:
-vicinity 3481, 3447 -W1-4 (curve warning) w/W9-1 (15 MPH advisory) be installed and maintained in vicinity of 3466, 3384, 3334. This action is being taken to warn motorists to slow down for curves in the road.
Moved: Hochul Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XX. RESOLVED, that the Town Board authorize the Finance Department to increase appropriation account A4212.476 Drug Prevention Training. This will be funded through the sale of the D.A.R.E. car at the Police Auction held in June, revenue account B2770.5 for $850.00.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXI. BE IT RESOLVED, that the Town Engineer’s report on the acceptance of the SOUTHWESTERN BLVD. SANITARY SEWER EXTENSION work done under Public Improvement Permit No. 662 be received and accepted, and that the Supervisor is authorized to sign the report.
BE IT FURTHER RESOLVED, that this resolution becomes effective on the day the report is signed by the Supervisor.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XXIII. WHEREAS, on June 22, 1998, the Hamburg Town Board adopted a resolution to abandon a portion of Cornell Street (east of Camp Road), and
WHEREAS, the abandonment was initiated by adjoining property owner, William Pearl, and
WHEREAS, Mr. Pearl no longer desires the additional property,
NOW THEREFORE BE IT RESOLVED, that Resolution XI, adopted by the Hamburg Town Board June 22, 1998, to abandon a portion of Cornell Street (east of Camp Road) be rescinded.
Moved: Hochul Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXIV. WHEREAS, the Town of Hamburg has received a rezoning application from Iris Housing Corp. (People’s Inc.) For a 5.361 acre of property located at 4151 Sowles Road, and
WHEREAS, the applicant has requested that the property be rezoned from R-2, (Single Family Attached) to R-3 (Multi-Family) for the construction of an expansion of the elderly housing complex to include 30 new units, and
WHEREAS, the Town Board and Planning Department have reviewed the application with respect to the Town’s 2010 Comprehensive Plan, and
WHEREAS, the Comprehensive Plan states that “future developments should be taken on their own merit, and must consider surrounding uses and limitations of the area keeping in mind past practices”, and
WHEREAS, the property is already zoned R-3 with a Senior Housing facility and that the expansion proposed impacts an area of R-2 property that would be difficult to develop as single or duplex housing;
NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board finds merit in this application and hereby refers the application to the Town Planning Board for more thorough review and recommendation.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXV. RESOLVED, that Lieutenant Dennis Gleason and Officer Scott Fraser, be allowed to attend “Barricaded/Hostage: Initial Response and Tactical Alternatives” course in Ithaca, New York on August 26, 1998. No cost to the Town for school - Unmarked Police car to be used for transportation.
Lodging $ 57.00 Meals: 2 days @ $40.00/day per Officer = $160.00 Approximate Fuel $ 50.00
Total Cost $267.00
Money is funded in account B3120.492.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XXVII. RESOLVED, that the Town Board approve the Out-of-Town Travel request for Officer Joe Muldowney and Officer Bruce Reid to travel to Rochester, N.Y. on August 31, 1998 to attend the New York State D.A.R.E. Officers Association Annual Summer Training. The approximate cost is $40.00 and funds are available through account A4212.476.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXVIII. BE IT RESOLVED, that the Town Engineer’s report on the acceptance of the CREEKVIEW SUBDIVISION PART 1 work done under Public Improvement Permit Nos. 648, 650, 651, 652 & 653 be received and accepted, and that the Supervisor is authorized to sign the report.
BE IT FURTHER RESOLVED, that this action does not relieve the developer of the responsibility for completing the street lighting installations under Public Improvement Permit No. 654.
BE IT FURTHER RESOLVED, that this resolution becomes effective on the day the report is signed by the Supervisor.
Moved: Cavalcoli Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXIX. WHEREAS, the Town of Hamburg currently leases a former fire station building located on Lakeview Terrace from the Lake View Fire District as a youth center operated by the Town of Hamburg Recreation Department, and
WHEREAS, the Fire District has no further need for the Lakeview Terrace property, and
WHEREAS, the Lake View Fire District has offered to transfer title of the former fire station to the Town of Hamburg, the only consideration requested is reimbursement of taxes paid for 1998 in the amount of $553.12, and
WHEREAS, the Town of Hamburg Recreation Department desires to continue operation of a youth center at this location,
NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg accept the offer of the Lake View Fire District to transfer this property to the Town of Hamburg.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXX. RESOLVED, at a meeting held on August 24, 1998, the Hamburg Town Board authorized Patrick Hoak, Supervisor, to participate with the Town of Evans, Eden, Collins and North Collins as well as with the Town of Concord in a New York State Education Department, State Archives and Records Administration, Court Records Initiative. The consortium, with the Town of Evans as lead agency, will request $75,000 to inventory and purge each municipalities court records as well as to establish individual files management plans.
Moved: Hochul Seconded: Hoak Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XXXI. BE IT RESOLVED, that following the guidelines for 6 NYCRR, Part 617 (SEQR) & SERP, and in accordance with the recommendations of Malcolm Pirnie, Inc., the Town Board, as Lead Agency, has determined that the proposed Highland Acres Sanitary Sewer Project is a Type II action which is not anticipated to result in any significant adverse impacts on the environment, based on the following:
1. The project represents an extension of the existing municipal sanitary sewer system, which will provide public sewer service to previously developed portions of the Highland Acres area, for treatment at the Erie County/Southtowns facility.
2. The project will benefit the environment, through the elimination of on-site septic systems which presently service the area, many of which discharge inadequately treated sewage to neighborhood storm sewers, ditches, and creeks. These subsequently flow into Lake Erie at Woodlawn Beach State Park, which adversely affects water quality and restricts swimming.
3. Impacts to the surrounding area will be minor and only short-term during construction. No substantial adverse changes in existing air quality, water quality, fish and wildlife, solid waste production, traffic patterns, or noise levels are anticipated as a result of this action.
4. No significant adverse effects on aesthetics, agricultural, archaeological, historic, or other natural or cultural resources are expected.
BE IT FURTHER RESOLVED, that two certified copies of this resolution be provided to the Engineering Department, for transmittal to the New York State Department of Environmental Conservation.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXII. RESOLVED, that the Town Board approve the refund of $200.00 for Building permit No. 98- 00152. The owner was charged for building in the Master Sewer District, but is in Erie County Sewer District #3. The refund is payable to:
Mr. John Carey 4905 McKinley Parkway Hamburg, New York 14075
Moved: Hochul Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXIII. RESOLVED, that the Town Board approve the transfer of appropriations for the Buildings and Grounds Department, within the 1998 Budget, as follows:
From: Signs & Signal A3310.205 $5,000 Permanent Improvements A3310.303 $3,000
To: Repair & Maintenance A7140.460 $5,000 Repair & Maint. Supply A7140.413 $3,000
To balance account.
Moved: Quatroche Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XXXIV. WHEREAS, the Town Board awarded a contract on July 20, 1998 to Flo-Kleen Pipe Services, Inc., for the internal cleaning of the Town’s forcemain from the Electric Avenue Pump Station to the Village of Blasdell sewer system, as directed by the New York State Department of Environmental Conservation; and
WHEREAS, in order to perform this work, it was determined to be necessary for Flo-Kleen to install a line-stop valve within the forcemain, due to sewage flows backing-up into the forcemain from Blasdell’s pumping operations, which resulted in an increased cost of $2,500 associated with the installation of the valve; and
WHEREAS, this 7/28/98 change order request has reviewed by Malcolm Pirnie, Inc. and the Town Engineer, who have determined the cost to be fair and reasonable for the work involved, and recommend that the change order be approved by the Town Board,
THEREFORE BE IT RESOLVED, that the Supervisor is authorized to sign this change order, which adjusts Flo-Kleen’s total contract amount to $7,000. Payment for 85% of this amount is to be from previously granted State Clean Water/Clean Air Bond Act funds (Project No. 97-36), with the remaining 15% local share to be charged to the Town sewer districts which are tributary to the Electric Avenue Pump Station.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXV. RESOLVED, that the Town Board approve the refund of Building Permit 98-01002 in the amount of $40.60. The owner decided not to build deck. Make refund payable to:
Timothy Boling 2154 Hobblebush Lane Lake View, N.Y. 14085
Moved: Hochul Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXVI. WHEREAS, a contract for the general construction work was awarded on September 22, 1997 to Picone Construction Corp. in the amount of $299,485.00 for the Town of Hamburg Recreation Center Building Rehabilitation, and
WHEREAS, the original contract amount was adjusted by change orders to a final contract amount of $304,682.00, an increase of $5,197.00, and
WHEREAS, all work has been satisfactorily completed and the architect is recommending final payment,
NOW THEREFORE BE IT RESOLVED, that all general construction work performed by Picone Construction Corporation be accepted and final payment be authorized.
Moved: Quatroche Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XXXVII. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has directed that the Town of Hamburg immediately undertake various measures to reduce the Electric Avenue Pump Station’s wet weather sewage overflows into Rush Creek, which adversely affect the water quality at Woodlawn Beach State Park; and
WHEREAS, one of the actions requested by NYSDEC is the installation of an additional pump in the pump station, in order to increase the pumping capacity by up to 171,600 gallons per day, which the Village of Blasdell has agreed to accept for treatment; and
WHEREAS, Fluid Kinetics, Inc. of Orchard Park, New York has submitted a proposal for providing labor, equipment, and materials associated with the installation of the pump and control pane; and
WHEREAS, this proposal has been reviewed by Malcolm Pirnie, Inc. and the Town Engineer, who determined to be acceptable for the services being provided,
THEREFORE BE IT RESOLVED, that Fluid Kinetics is awarded a contract in this regard, in the amount of $10,800, and that the Supervisor is authorized to sign their 8/10/98 proposal letter/agreement in this regard. Payment for 85% of this amount is to be from previously granted State Clean Water/Clean Air Bond Act funds (Project No. 97-36), with the remaining 15% local share to be charged to the Town sewer districts which are tributary to the Electric Avenue Pump station.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXVIII. RESOLVED, that the Town Board approve the transfer of appropriations for the Finance Department, within the 1998 Budget, as follows:
From: Contingency Account A1990.419 $2,207
To: Adult Day Care - Hosp. A6780.860 $ 88 & Med. Ins. Playgrounds & Rec. - A7140.860 $2,119 Hosp & Med. Ins.
To fund accounts due to increase in premiums.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XXXIX. RESOLVED, that the Town Board approve the transfer of appropriations for the Finance Department, within the 1998 Budget, as follows:
From: Contingency Account B1990.419 $235
To: Safety Insp. - Hosp. & B3620.860 $149 Med. Ins. Planning Board - Hosp. B8020.860 $ 86 & Med. Ins.
To fund accounts due to increase in premiums.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried Councilman Cavalcoli explains that resolution XL. sounds just like resolution XXXVII. and both of these contracts are for the Electric Avenue Pump Station. After discussing it with Mr. Lardo, of the Engineering Department, it was understood that the two different Companies provide different parts to the pumping station and different types of labor, both of which are needed to construct the changes to the pumping station.
XL. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has directed that the Town of Hamburg immediately undertake various measures to reduce the Electric Avenue Pump Station’s wet weather sewage overflows into Rush Creek, which adversely affect the water quality at Woodlawn Beach State Park; and
WHEREAS, one of the actions requested by NYSDEC is the installation of an additional pump in the pump station, in order to increase the pumping capacity by up to 171,600 gallons per day, which the Village of Blasdell has agreed to accept for treatment; and
WHEREAS, STC Construction , Inc. of Springville, New York has submitted a proposal for providing labor, equipment, and materials associated with the installation of valves, pipe, and fittings required for the additional pump; and
WHEREAS, this proposal has been reviewed by Malcolm Pirnie, Inc. and the Town Engineer, who have determined to be acceptable for the services being provided,
THEREFORE BE IT RESOLVED, that STC Construction is awarded a contract in this regard, in the total amount of $10,683, and that the Supervisor is authorized to sign their 8/6/98 proposal letter/agreement in this regard. Payment for 85% of this amount is to be from previously granted State Clean Water/Clean Air Bond Act funds (Project No. 97-36), with the remaining 15% local share to be charged to the Town sewer districts which are tributary to the Electric Avenue Pump Station.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
Councilman Cavalcoli comments that with the three resolutions, pertaining to the Electric Avenue Pump Station, they hope that this will significantly change the overflow and wet weather problems that they are experiencing there and help comply with the command by the DEC that this be cleaned up.
George Komenda questions if the 15% share from the sewer district will be taken out all in one year. Councilman Cavalcoli responds that this will be included in the 1999 figures and will be paid in one year.
XLI. RESOLVED, that the Town Board approve the transfer of appropriations for the Finance Department, within the 1998 Budget, as follows:
From: Contingency Account A1990.419 $1,328
To: Traffic Control - Hosp. & Med. Ins. A3310.860 $ 76 Control Of Animals - Hosp. & A3510.860 $ 52 Med. Ins. Traffic Safety - Hosp & Med. Ins. A3620.860 $ 195 Drug Education - Hosp. & Med. Ins. A4212.860 $ 157 Hwy. Admin. - Hosp. & Med. Ins. A5010.860 $ 848
To fund accounts due to increase in premiums.
Moved: Hoak Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XLII. RESOLVED, that the Town Board approve the transfer of appropriations for the Finance Department, within the 1998 Budget, as follows:
From: Contingency Account A1990.419 $1,088
To: Town Bd. - Hosp. & Med. Ins. A1010.860 $ 316 Fin. & Admin. - Hosp. & Med. Ins. A1310.860 $ 242 Personnel - Hosp & Med. Ins. A1430.860 $ 320 Oper. & Maint. - Hosp. & Med. Ins. A1620.860 $ 33 Youth Bureau - Hosp. & Med. Ins. A3121.860 $ 177
To funds accounts due to increase in premiums.
Moved: Hoak Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLIII. WHEREAS, as part of their engineering design work associated with the Town of Hamburg’s 1998 Waterline Replacement Project, Krehbiel Associates has recommended that four soil borings and ten subsurface probes be performed at designated locations along the proposed waterline installations, in order to determine the types of soil and elevations of rock which may be encountered during construction. This information is necessary in association with the railroad crossing permit requirements, as well as for establishing accurate construction quantities and cost estimates, and for the reference of bidding contractors; and
WHEREAS, these services represent additional work which was not part of Krehbiel Associates original contract scope associated with this project, as awarded by the Town Board on June 1, 1998,
THEREFORE BE IT RESOLVED, that Krehbiel Associates contract for this project is amended to include subcontracting for the geotechnical services and providing oversight of the associated work, at an additional cost not-to-exceed $4,980. This increases Krehbiel Associates total contract amount to $35,930.
BE IT FURTHER RESOLVED, that the Supervisor is authorized to sign Krehbiel Associates 8/14/98 proposal letter/agreement in this regard. Funding for these services is available within the individual water districts in which the work is to be performed.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLIV. RESOLVED, that proposed Local Law #1 of 1998, concerning the rezoning of approximately ½ acres of property owned by Mr. M. Matusick located at 3855 McKinley Parkway from R-2 (Single-Family Residence, attached District) to C-1 (Local Retail Business District) be removed from the table.
Moved: Cavalcoli Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried XLV. WHEREAS, the Town of Hamburg, has received an application from Mr. M. Matusick for the rezoning of ½ acres of land located at 3855 McKinley Parkway from R-2 (Single-Family Residence, attached District) to C-1 (Local Retail Business District), and
WHEREAS, the Town of Hamburg has held the required Public Hearing, and completed their review of the application, and
WHEREAS, the Town of Hamburg 2010 Comprehensive Plan clearly states that “this area should not be zoned C-1 (Local Retail Business) or C-2 (General Commercial), but a “limited” NC (Neighborhood Commercial), or a new “office” type commercial zoning District,
NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg, finding this request not in accordance with the Town’s Comprehensive Plan, disapproves this rezoning request.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLVI. RESOLVED, that Ralph Stronner, a senior in the Criminal Justice Program at Hilbert College be allowed to do Internship in the Police Department, at no cost to the Town.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLVII. RESOLVED, that the Town Board approve the travel request for James Spute and Mary Dosch to travel to Erie Community College - Buffalo Campus on September 11, 1998 to attend a Cash Management Training Program - conducted by the Offices of the Erie County Comptroller and the City of Buffalo Comptroller, at no cost to the Town.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLVIII. RESOLVED, that the Police Department be allowed to purchase one (1) Canon L-4500 Facsimile Machine with special one year on-site warranty from Centurion Business Machines, 1237 Central Avenue, Albany, N.Y. The Department is unable to secure parts for the old Facsimile which has broke down. NYS Contract PO52225. Total cost $896.31. Money available in account B3120.203.
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
XLIX. RESOLVED, that proposed Local Law #2 of 1998, concerning the rezoning of approximately 7 acres of property owned by St. Matthew’s Church located at 5289 McKinley Parkway from R-1 (Single Family Residence District) to R-3 (Multi-Family District) be removed from the table.
Moved: Cavalcoli Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried L. WHEREAS, in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law, the Hamburg Town Board has reviewed the application submitted by St. Matthews Church for the rezoning of approximately 7 acres, located at 5289 McKinley Parkway from R-1 (Single Family Residence District) to R-3 (Multi-Family District), and
WHEREAS, the Town of Hamburg has reviewed the project under the State Environmental Quality Review Act - SEQRA, and the Planning Board during its review found no apparent significant environmental concerns that were not mitigated by the changes agreed to during project review, and
WHEREAS, this rezoning will not adversely affect the natural resources of the State and/or health, safety and welfare of the public, and is consistent with social and economic considerations.
THEREFORE BE IT RESOLVED, that the Town of Hamburg has determined that the proposed rezoning and subsequent development are not anticipated to result in any significant effect on the environment, and that a Negative Declaration (Notice of Determination of Non- Significance) is hereby issued, based on the following reasons:
1. No substantial impacts on air quality, energy usage or public health are anticipated as a result of this action.
2. Due to the projects avoidance of the area around the creek, meeting of Town and State drainage requirements and the avoidance of any wetlands, no significant adverse impacts on water will occur.
3. The project area has public water, and sewer will be made available by extending the sewer line along McKinley.
4. Project modifications to allow for the conservation of approximately two acres of land and the inclusion of buffers have reduced the project’s potential impact on non-threatened or non-endangered species, and potential for noise and odor impacts.
5. Review of the proposed project site against available information and mapping resources indicates that the project will not have any significant effect on agricultural land, and historic and archaeological resources, and is not within a Critical Environmental Area (CEA).
6. With deed restrictions placed on the property, the project is in conformance with the Town of Hamburg’s recently adopted Comprehensive Plan and will not result in any significant impact on the growth and character of the community.
BE IT FURTHER RESOLVED, that the Supervisor be authorized to sign the Environmental Assessment Form and, prepare the appropriate notices and filings in accordance with SEQRA procedures.
Moved: Cavalcoli Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
Councilman Cavalcoli states that at the Public Hearing many questions were raised by residents, many letters were received and based on all the input and the questions raised they came up with the following conditions. The supporting reasons and conditions have been agreed to by the developers. LI. WHEREAS, the Town of Hamburg has received a petition from St. Matthew’s Church for the rezoning of 7 acres of property located at 5289 McKinley Parkway from R-1 (Single-Family Residence) to R-3 (Multi-Family), and
WHEREAS, the Planning Board has reviewed the project and recommended its approval to the Town Board, and
WHEREAS, the Town Board has held the appropriate public hearings and has determined that the project will not have a significant effect on the environment and issued a Negative Declaration under the State Environmental Quality Review Act, and
WHEREAS, the Town wishes to approve the proposed rezoning for the following reasons and with the following conditions:
Supporting Reasons
1. The imposition of deed restrictions on the property will ensure that the objectives of the Master Plan are achieved. It is not the intent of the Town to allow Multi-Family housing in this area.
2. The preservation and possible dedication of the area along the creek, and the required buffers (undisturbed areas) will help in achieving some of the goals of the Open Space/Recreation Plan
3. The layout of the project will allow for little visual impact to McKinley Blvd. Corridor.
Conditions on the Rezoning
1. A deed restriction for the property will be provided by the applicant and approved by the Town limiting the use of the rezoned property to Single and Duplex family structures.
2. Sewer connection for the proposed project will be made by extending the sewer along McKinley and not through the rear yard.
3. During site plan review, the preservation of the property along the creek will be maximized.
4. The Town and the applicant will resolve and enter into an agreement concerning the preservation and possible dedication of the land along the creek.
5. The northernmost driveway to the project will not encroach any closer to the north property line.
6. No additional Residential Units will be constructed on this site.
NOW THEREFORE BE IT RESOLVED, that the zoning code of the Town of Hamburg be amended as follows:
To amend Local Law #10 of the year 1986 (Chapter 280) of the Code of the Town of Hamburg entitled “Zoning”. To provide for a change in the boundaries of the zoning map whereby the zoning is changed from R-1 (Single-Family) to R-3 (Multi-Family) for the property located at 5289 McKinley as described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie and State of New York being part of Lot 45 Township 9, Range 7 of the Holland Land Company’s survey bounded and described as follows: BEGINNING at a point in the easterly line of McKinley Parkway (120' wide), a measured distance of 670.9 feet (deeded distance of 673 feet) north of the south line of Lot No. 45; THENCE northerly along the easterly line of McKinley Parkway a measured and deeded distance of 463.60 feet to a point in the southerly line of lands now or formerly conveyed to Eckert as recorded in the Erie County Clerk’s Office in Liber 2708 of deeds at page 477; THENCE easterly at an interior angle of 90E34'58" along the southerly line of Eckert a measured distance of 291.25 feet (deeded distance of 289.5 feet) to a concrete monument; THENCE northeasterly at an exterior angle of 123E21'49" along the southeasterly line of Eckert a measured distance of 117.67 feet (deeded distance of 118.3 feet) to a concrete monument, being a point in the southerly line of lands now or formerly conveyed to Charles T. Roosa as recorded in the Erie County Clerk’s Office in Liber 2240 of deeds at page 486; THENCE easterly at an interior angle of 124E12'10" along the southerly line of Roosa a measured distance of 440.48 feet (deeded distance of 454.5+/- ) to an iron pipe in the east line of lands now or formerly conveyed to N.D. Quinby as recorded in the Erie County Clerk’s Office in Liber 2051 of deeds at page 48; THENCE southerly at an interior angle of 88E51'35" along the easterly line of Quinby a deeded and measured distance of 564.50 feet to a point; THENCE westerly at an interior angle of 90E34'30" a measured distance of 798.16 feet (deeded distance of 806.1 feet) to the point or place of beginning.
EXCEPTING AND RESERVING to St. Matthews Church a parcel for existing structure and parking.
Moved: Cavalcoli Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
LII. RESOLVED, that the Town Board adjourn to Executive Session to discuss a Legal Matter.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
LIII. RESOLVED, that the Town Board come out of Executive Session and back into the Public Meeting.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
Andrew Hilton, attorney for St. Matthews Church, introduces himself and states that he is there to answer any questions.
Councilwoman Hochul asks what assurances the residents have that they can tap into the McKinley Parkway sewer line. They would be more agreeable to this project if they could tap into it.
Mr. Hilton states that they are paying for an extension of the sewerline down McKinley Road toward the front of the Church. As connections are being made homeowners would have to pay there own individual tap in fee. Mr. Lardo comments that the line along McKinley would be a public line and anyone can tap into it at that point.
Deputy Town Attorney Richard Boehm states that they went into Executive Session to discuss that this will be made a legal condition. Mr. Hilton states that this was brought to their attention last week and is not a problem. They are agreeable to incurr the extra cost to have the sewer connected in the front on McKinley.
Councilwoman Hochul states that none of the Board likes the word rezoning, however, they have come up with a plan that calls for a lower density than it is currently zoned for. Councilman Cavalcoli comments that that he and Drew Reilly met last week to come up with a plan to make changes in the rotation of some of the units to maximize the buffer in the back and to reduce the impact on the view of the neighbors.
Drew Reilly states that the last item on the condition list should say based upon the site plan that was submitted.
Mr. Wilson states that he wants the Board to be aware that the project manager, Gary Rich, has been in contact with the Hamburg IDA to apply for a tax abatement due to it being Senior Housing. Any benefit from this would go to the Senior homeowner not to the developer.
LIV. RESOLVED, that the Town Board appoint MICHAEL GUZDA III to the vacant full time position of RECREATION SPECIALIST in the Town of Hamburg Senior Services Department. Appointment effective August 25, 1998; salary: $11.25 hourly per CSEA White Collar Contract; funds available in A6772.100.
Moved: Cavalcoli Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
Councilman Cavacoli states that Mr. Guzda is in the audience and he asks that he stand up and be welcomed to the Town of Hamburg.
LV. WHEREAS, proposals from four engineering consultants were received by the Town Engineer up to August 18, 1998, for providing survey, design, and construction related services relative to the Highland Acres sanitary sewer flows to the sewer system which is tributary to the Erie County/Southtowns Sewage Treatment Agency facility; and
WHEREAS, the Town Engineer has reviewed the proposals and recommended that the contract be awarded to R & D Engineering, P.C., on the basis of their qualifications and overall responsiveness to the criteria required by the Town’s Request for Proposals, as well as their fee proposal being within the amount determined by the Town Engineer as reasonable for the services to be provided,
THEREFORE BE IT RESOLVED, that R & D Engineering, P.C. is awarded the contract for this project, at a total fee of $57,800, plus $45 per hour for inspection services as necessary during the pump station construction, and that the Town Supervisor is authorized to enter into an agreement in this regard. These services are to be financed through the Clean Water State Revolving Fund low interest loan program, with the bond debt service associated with the program to be charged on an annual basis to property owners within the Highland Acres Sewer District.
Moved: Hoak Seconded: Kesner Roll Call: Ayes: Hoak, Hochul, Kesner, Quatroche Abstain: Cavalcoli Noes: None Carried LVI. WHEREAS, a petition was filed in Supreme Court by Legion Associates, owner of property located on South Park Avenue, commonly known as “Bells/Quality Markets Plaza”, and identified as SBL 183.13-2-6.1 and 183.13-2-6.2, seeking a reduction in assessment for the years 1989; 1990; 1991; 1992; 1993; 1994; 1995; 1996 and 1997, from $5,946,400 to $3,500,000 for each assessment year, and
WHEREAS, the matter proceeded to trial in Supreme Court, and
WHEREAS, the complaints for the years 1989, 1990, 1991 and 1992 were dismissed, and
WHEREAS, the Petitioner, the Town of Hamburg and the Hamburg Central School District, through its counsel, have agreed to settle the tax litigation by setting an assessed value of approximately $5,300,000 for each of the remaining years under Court review, and
WHEREAS, such settlement is a reasonable settlement for the Town of Hamburg in that approximately one-half of the tax reduction and tax refunds will be borne by entities other than the Town of Hamburg,
NOW THEREFORE BE IT RESOLVED, that the Town Attorney’s Office be authorized to enter into said settlement agreement for the above-mentioned property.
Moved: Hoak Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner Quatroche Noes: None Carried
LVII. RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows:
OPERATING FUND:
BATCH # 92 $1,065,000.00 BATCH # 93 $ 216,623.72 BATCH # 94 $ 17,004.50 BATCH # 95 $ 213,969.62 BATCH # 96 $ 91,371.26 BATCH # 97 $1,579,000.00 BATCH # 98 $ 48,076.38 BATCH # 99 $ 453,645.51 BATCH #100 $1,460,000.00 BATCH #101 $ 113,676.85 BATCH #102 $1,100,000.00 BATCH #103 $ 40,669.33 BATCH #104 $ 275,000.00 BATCH #105 $ 119,477.50 BATCH #106 $ 83,081.40 BATCH #107 $ 849,000.00 BATCH #108 $ 250,716.93
PRTRN # 15 $ 501,029.02 PRTRN # 16 $ 513,001.14 PRTRN # 17 $ 515,808.13
TOTAL OPERATING FUND DISBURSEMENTS: $ 9,506,151.29
TRUST & AGENCY:
BATCH # 34 $ 78,069.60 BATCH # 35 $ 417,920.72 BATCH # 36 $ 12,479.72 BATCH # 37 $ 78,636.69 BATCH # 38 $ 528,498.13 BATCH # 40 $ 91,173.96
TOTAL TRUST & AGENCY DISBURSEMENTS: $ 1,206,778.60 CAPITAL FUND DISBURSEMENTS:
BATCH # 51 $ 200,000.00 BATCH # 52 $ 405.87 BATCH # 53 $ 3,046.68 BATCH # 54 $ 305,000.00 BATCH # 55 $ 5,016.49 BATCH # 56 $ 34,702.24 BATCH # 57 $ 109,000.00 BATCH # 58 $ 85,847.67
TOTAL CAPITAL FUND DISBURSEMENTS: $ 743,018.95
PAYROLL:
PR # 15 $ 465,727.03 PR # 16 $ 476,814.30 PR # 17 $ 479,451.58
TOTAL PAYROLL DISBURSEMENTS: $ 1,421,992.91
PETTY CASH:
JUNE $ 99.49
TOTAL PETTY CASH DISBURSEMENTS: $ 99.49
TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $12,878,041.24
Moved: Hoak Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
LVIII. RESOLVED, that the Town Board approve the travel request for Kurt Allen, James Eberhardt and Don Sickau to travel to Buffalo, New York on September 1, 1998 to attend a “Dealing with Upset Citizens and the Public” - conducted by the University of Nebraska Center for Leadership Development. Cost will be $79.00 per person - Total Cost $237, money is available in Acct #B3620.492.
Moved: Hochul Seconded: Hoak Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
LIX. RESOLVED, that the Town Board approve the transfer of appropriations for the Building Inspection Departmetn, within the 1998 Budget, as follows:
From: Printing & Microfilming B3620.424 $300.00
To: Seminars B3620.490 $300.00
To fund Seminar Account in order to attend the above mentioned Seminar.
Moved: Hochul Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried LX. RESOLVED, that the Town Board approve the Out-of-Town travel request for James Connolly to travel to Las Vegas, NV on September 14 - 17, 1998, to attend the International Public Works Congress and Expostition.
Air Fare $ 360.00 Room $ 300.00 Registration $ 365.00 Food $ 100.00
Total Cost $1,125.00
Money is to be taken from Acct. A5010.492.
Moved: Quatroche Seconded: Hochul Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
LXI. RESOLVED, that the Town Board approve the Out-of-Town travel request for Bill Dash to travel to State College, PA on September 9-10, 1998 to attend the 3rd annual Eastern Winter Road Maintenance Symposium & Equipment Expo. The cost is $130.00 and the money is to be taken out of A5010.492.
Moved: Quatroche Seconded: Cavalcoli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
Correspondence
Letter #115 - Supervisor Hoak states that since they have been giving out the award from the National Safety Council the Town of Hamburg has always received something. Asks that a copy be placed in their personnel file.
Letter #107, 111 & 113 - Councilman Cavalcoli states that these all relate to the St. Matthews rezoning and he feels that they have adequately taken care of those.
Letter #114 - Councilwoman Kesner commends Big Tree Fire Department for a job well done.
Steve Strnad, United Council, comments that he hopes that Councilwoman Kesner sends her a letter stating that the Board is not getting rid of the Volunteers. Councilwoman Kesner responds that she was going to send her a note.
Reports from Town Board Members and Department Heads
Councilwoman Kesner comments that a late correspondence was received from the U.S. Department of Housing and Urban Development that was sent to the Supervisor. It is a priviledge to bring it to everyones attention that the Community Development Department has received the highest recommendation for the work that they have done during the program year of 1997. She reads the accomplishments that are listed. She asks that a copy be placed in the personnel file of Chris Hull, the director of Community Development. Also, she wants to make everyone aware that the Community Development Office will be offering housing counseling every Wednesday from 3:00 p.m to 5:00 p.m. to assist low and moderate income families that are looking at purchasing a home, financing options, any questions that they may have. She wants to thank Kurt Allen for helping out in replacing the fence at the Pizza Hut on Milestrip and McKinley. She announces September 9th at the LakeShore Fire Hall the SPCA is offering a free rabies clinic, there has been concern about racoons with rabies in the Southtowns. Councilwoman Hochul comments that the Lake Shore Road Task Force, which is comprised of the NYSDOT, Elected Officials and residents, met for about 2 ½ hours today. The Cloverbank traffic signal that they requested over a year ago will be installed within the next month or two. They had their request for the traffic signal at Rogers Road declined for the second time, this was somewhat expected. The DOT is waiting to see what develops with the Cloverbank signal and if that is not sufficient they will ask them to revisit Rogers Road again next year. They reported that the 85 percentile speed along Route 5, according to a radar study, has gone down several MPH from the same time as last year and they attribute this to increased enforcement by the Town of Hamburg. She wants to commend the Police Department and if they can keep up that effort it will help. The residents still complain that the speeding continues. She wants to report that Senator Volker has been very helpful in the efforts to move the toll barriers. He has requested that the Niagara Frontier Transportation Committee, when they commence their next 20 year update, that they take into consideration removing the Lackawanna toll barrier. They have agreed to cooperate fully with this.
Councilman Quatroche reports that he had the opportunity to volunteer for the Friends Cafe and he recommends that for anyone who can donate their time it is a very worthwhile thing to do. He reports that one of the docks cracked at the Hamburg Town Park. The company that they purchased it from stated that they will fix it free of charge or replace it because it is still covered under the manufacturer’s warranty. They are hoping to get it back as soon as possible. The committee had some ideas in regard to seeking funding with regard to a safe harbor. He will be looking into this with Assemblyman Smith and Jack Quinn. In addition, the Army Corps of Engineers should be completing their study in Athol Springs, between Hoak’s and Foit’s to see if it is beneficial for them to get involved in this. They have received $500,000 worth of funding from State Assemblyman Smith’s Office and they are seeing if they can get some Federal involvement. Also, Jack Quinn has put in a request for funding for Old Lake Shore Road. Finally, in Woodlawn they will be building up the bank along Blasdell Creek to protect Woodlawn from flooding. When that happens they will have a ground breaking ceremony.
Councilwoman Hochul comments that it was part of their discussion at the meeting to keep in mind the uses for the Lake Shore, pedestrian access, bicycle paths, and of course the Beach.
Supervisor Hoak reports that they held the Dash and Splash earlier this month. Two days later was the Blasdell night out which was attended by 2000 people. On the 28th of September they will be sharing the recreation video showing what goes on every month in the Township of Hamburg. He also comments on the Community Development Department, the Shannon Heights Subdivision is being considered as a national model. On all Federal forms he has seen, he has never seen the term highly satisfactory utilized when referring to an agency and that is how they referred to the Community Development Department. They also highlighted that of the administrative cost of Federal dollars, we are well below the ceiling to utilize, using approximately 55% of administrative costs. The money that is not used for administration goes right back into the Community. This is due to the leadership of Mr. Hull and his staff.
George Danyluk, Town Clerk, wants to notify the Board and the general public that the report of examination by the State Comproller has been filed in the Town Clerk’s Office for the fiscal year 1996. By law he has published a legal notice in the Hamburg Sun and the Front Page that it is available for inspection by all interested parties. The Board has 90 days to respond in writing if they so desire.
Supervisor Hoak states that the Employee of the Month for August is Judith LaRosa of the Engineering Department and from the Buildings & Grounds Department for the month of July, Gary Nelson. They are two outstanding employees and he wishes to recognize them.
Business From the Floor
Darren Draudt, 4570 McKinley Parkway, he lives next to the Town of Hamburg’s 65 acres. There has been a problem with trespassing that he feels has put his house and kids in jeopardy. There is no control over this area. Supervisor Hoak asks that he meet with the Police Chief on this issue. Debra, 4268 South Park, states that she was at the meeting regarding the Highland sewer district. Her comment is that she was glad to hear that this was being put to referendum, however, she would like to see three options - 1. No they do not want a sewer district, 2. Yes they want a sewer district and they want to go to Southtowns, and 3. Yes they want a sewer district and they want to go to Blasdell. Supervisor Hoak responds that this is what they requested. However when it went to the State it was turned down. In a referendum it must be either yes or no not A,B or C. They wanted to make it fair. She responds why were they denied that by the State. Deputy Town Attorney Boehm responds that the State Audit and Control will not allow them to put that to vote in that form. She asks if that is in written correspondence form. Councilman Cavacoli states that it was researched by our Bond Counsel. Councilman Cavalcoli responds that they were told that not only were they supposed to state whether they wanted a sewer district but also where would the flow go. By overwhemling majority, when they did the petitioning in the Highland Acres area the people stated they wanted to go to Southtowns sewer, so when they put the resolution together with Bond Counsel, they identified, yes there should be a sewer district and based on the majority of petitions, that it should go to Southtowns. If you vote yes it will go to Southtowns. If you vote no it will not. If the majority of the people vote no for this, then they go back to the drawing board and put it out to vote again stating that it should go to Blasdell. Debra comments that most of the people in Highland Acres do not understand this. This should be clarified by a public statement. Supervisor Hoak responds that there will be another meeting to discuss this with the residents before it goes to referendum. Councilman Cavalcoli states that he and the Supervisor have been meeting with the attorneys for Blasdell and they are trying to hammer out some of the rough spots. They are working on this to try and reduce the conflict and reduce the problems. They are still in negotiations.
George Komenda, 3712 Grafton Ave., states that Osborne-Heights playground, in his backyard, is not a playground anymore, too many dogs are going in there. He was told by joggers that the warning sign stating no dogs allowed was removed. Someone had a bulldozer and knocked down trees and bushes on the west side along the fence - it is a mess. Councilman Cavalcoli asks if he has spoken to Mr. Connolly about this. Mr. Komenda comments that he has called and got a busy signal so he decided to bring it up tonight for a response. He comments on the signal on Fairview and South Park. Councilwoman Hochul states that they did express this in a letter to the head of the NYSDOT. The sidewalk issue was also raised. Supervisor Hoak responds that Mr. Krausack should make Mr. Connolly aware of the problem at Osborne-Sagamore Playground.
Joe Killian, Coalition of Lake Shore Taxpayers, states that he went to a meeting of the Frontier Central School Board and they are selling the recreation greenspace by the Wanakah School. It has never been anything but greenspace. They were wondering if the Town would be willing to purchase this. Supervisor Hoak responds that the Town has met with them concerning this and yes the Town has an interest.
Alexis, Newton Abbott, comments that people are getting charged $500.00 for ambulance calls from Rural Metro he feels this is too much. Councilwoman Kesner replies that they are looking at every option available and their concern is the cost to the taxpayer, however, they have a requirement to provide a level of care for their ALS calls. They will keep his comments in mind.
LXII. RESOLVED, that the Town Board adjourn to Executive Session at 9:05 p.m.
Moved: Hoak Seconded: Cavacloli Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Noes: None Carried
______George Danyluk, Town Clerk