1 Agenda

Catherine Rybczynski Town Clerk

Town Board of the Town of Hamburg

August 23, 2021 1. Pledge of Allegiance

2. Minutes of Previous Meetings 3. Proclamation In Recognition of Kathy Hochul 4. Resignation - Town Court Staff 5. Appointment of Court Clerk - Reanna Termini 6. Hobblebush Lane Hydrant Installation in Deer Springs 7. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION 8. Authorization to Submit Grant Application for CDBG Cares Act Funding 9. Public Hearings - Community Development 10. Hamburg Ice Arena Pro Shop & Concession Proposal - 7K Unlimited, Inc. 11. Big Tree VFC New Members - Giovino & Zoyhofski 12. Taylor Rd. Park Rentals & Alcohol Waivers 13. LED Lighting Determination 14. LED Conversion - New York State Power Authority 15. NEW HIRE – POLICE OFFICER (Transfer) Samuel J. Meckley 16. NEW HIRE – POLICE OFFICER - Andrew Mencer 17. PROMOTION - DETECTIVE - Jason Nappo 18. Approval of the White Collar Unit Collective Negotiations Tentative Agreement 19. Business from the Floor 20. Meeting is adjourned by Supervisor 2 Town Board of the Town of Hamburg August 23, 2021 Meeting

2. Minutes of Previous Meetings

RESOLVED, that the Hamburg Town Board does hereby approve the minutes of the previous meetings as follows:

7.26.2021 Town Board Work Session 8.9.2021 Town Board Regular Session

Moved: Hoak 3 Town Board of the Town of Hamburg August 23, 2021 Meeting

3. Proclamation In Recognition of Kathy Hochul

WHEREAS, The Town of Hamburg has been blessed to be the hometown of many favorite sons and daughters throughout its long history; and

WHEREAS, We are proud and happy to refer to Kathy Hochul, our former Town Councilmember, County Clerk, and member of Congress, in addition to being our stalwart champion…as Governor of the Empire State; and

WHEREAS, Kathy’s distinguished career of public service coupled with her can-do spirit and dedication to the wellbeing of people everywhere mark her as a truly outstanding leader in whom we can take a full measure of bi-partisan pride; and

WHEREAS, the Office of Governor has been occupied by giants of American history, Theodore Roosevelt, Franklin Roosevelt, Thomas Dewey, Averell Harriman, Nelson Rockefeller, and Mario Cuomo, just to name a few, who are all in good company with our incoming Governor, Kathy Hochul;

NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board extends to its former Councilmember, our heartfelt congratulations and best wishes as she embarks upon her term as Governor of New York State; and

BE IT FURTHER, RESOLVED, that the Hamburg Town Board and the people of Hamburg are committed to not only extending a hand of friendship, but working with Governor Hochul as she addresses the critical issues facing all New Yorkers.

Moved: SHAW 4 Town Board of the Town of Hamburg August 23, 2021 Meeting

4. Resignation - Town Court Staff

Be it resolved, that the Town Board approves the resignation of Angelica L. Hoak, Clerk to Town Justice Gerald P. Gorman effective August 27, 2021.

Moved: Hoak ATTACHMENTS: Description Upload Date Type Resignation Letter - Hoak 8/10/2021 Cover Memo 5 6 Town Board of the Town of Hamburg August 23, 2021 Meeting

5. Appointment of Court Clerk - Reanna Termini

WHEREAS, that upon the resignation of the Court Clerk assigned to Town Justice Gerald Gorman, a vacancy in the office of Court Clerk exists;

NOW, THEREFORE, BE IT

RESOLVED, that the Hamburg Town Board, upon the recommendation of Justice Gorman, hereby appoints Reanna Termini to the Office of Court Clerk assigned to Town Justice Gerald Gorman, effective upon the adoption of this resolution.

Moved: HOAK 7 Town Board of the Town of Hamburg August 23, 2021 Meeting

6. Hobblebush Lane Hydrant Installation in Deer Springs

WHEREAS, the Town Engineering Department has reviewed the required Fire Protection along Hobblebush Lane and determined an additional Fire Hydrant is required along Hobblebush Lane in order to comply with New York State fire code requirements, and

THEREFORE BE IT RESOLVED, that the Town Board authorizes the Erie County Water Authority to install an additional fire hydrant between House Numbers 2427 and 2429 Hobblebush Lane, and that the Town of Hamburg agrees to pay the Erie County Water Authority the annual direct service hydrant maintenance fee for this hydrant, and

BE IT FURTHER RESOLVED, that the Town Clerk is requested to provide two certified copies of this resolution to the Engineering Department for transmittal to the Erie County Water Authority.

Moved: Connolly 8 Town Board of the Town of Hamburg August 23, 2021 Meeting

7. PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

Town of Hamburg PUBLIC HEARING – COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

NOTICE IS HEREBY GIVEN that a public hearing will be held Monday, August 23rd, 2021, beginning at 7:00 pm in Hamburg Town Hall, 6100 Avenue, Hamburg, New York. The purpose of the hearing is to provide information on the Community Development Block Grant COVID-19 (CDBG-CV) program for 2021. The CDBG program is administered by the New York State Office of Community Renewal (OCR), and will make available to eligible local governments approximately $60 million under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help communities throughout the state to safely reopen and restart their local economies in the wake of COVID-19. The hearing will provide further information about the CDBG program and will allow for citizen participation in the development of any proposed grant applications and/or to provide technical assistance to develop alternate proposals, and obtain the views of citizens, public agencies, and other interested parties on a potential application to the New York State Office of Community Renewal to provide grants in support of small businesses to prevent, prepare for, and recover from COVID- 19. The hearing is being conducted pursuant to Section 570.486, Subpart I of the CFR and in compliance with the requirements of the Housing and Community Development Act of 1974, as amended.

The location of hearing is accessible to persons with disabilities. If special accommodations are needed for persons with disabilities, those with hearing impairments, or those in need of translation from English, those individuals should contact Cathy Rybczynski, Town Clerk, 6100 South Park Avenue, Hamburg NY 14075, at least one week in advance of the hearing date to allow for necessary arrangements.

The public can submit written questions and/or comments to: Town Clerk, 6100 South Park Avenue, Hamburg, NY 14075, or email to: [email protected]

Written submissions must be received by 3pm on Monday, August 23rd, 2021.

Cathy Rybczynski Town Clerk

Moved: Farrell 9 Town Board of the Town of Hamburg August 23, 2021 Meeting

8. Authorization to Submit Grant Application for CDBG Cares Act Funding

WHEREAS, the Community Development Block Grant (CDBG) program is administered by the New York State Office of Community Renewal (OCR), and has made available to local governments approximately $60 million under the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help communities throughout the state to safely reopen and restart their local economies in the wake of COVID-19; and WHEREAS, the Town of Hamburg has identified certain economic development related needs within the community directly relating to the COVID-19 (the “Project”); and WHEREAS, the Hamburg Development Corporation (the “HDC”) intends to assist businesses impacted by COVID-19; and WHEREAS, the Town of Hamburg is eligible to apply for up to $500,000 in funding from the New York State Office of Community Renewal CARES Act funds to finance the Project costs; and WHEREAS, the HDC is facilitating of the Project and has requested that the Town provide the OCR CARES Act funding to the HDC as a grant for the purpose of making grants to eligible small businesses and microenterprises; and WHEREAS, the Project will result in substantial benefit to the Town of Hamburg in forms of safer businesses, new investment, and new or restored employment positions; and WHEREAS, the Town has held a public hearing to obtain citizens’ views regarding the CDBG CARES Act program as administered by OCR and the proposed Project; NOW THEREFORE BE IT RESOLVED, that the Town Supervisor is hereby authorized to submit a grant application of up to $500,000 on behalf of the Town of Hamburg to the OCR to support the Project; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute a grant agreement between the Town and the OCR and all related documents associated with the OCR grant, including entering into a grant agreement with the HDC for the implementation of the Project and administration of the OCR grant, all such documents to be subject to review and approval by the Town Attorney; and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby designated as the Certifying Officer responsible for all activities associated with the federal environmental review process to be completed in conjunction with the Project. Moved: Farrell 10 Town Board of the Town of Hamburg August 23, 2021 Meeting

9. Public Hearings - Community Development

WHEREAS, to prepare for the upcoming 2022 CDBG year, the Department of Community Development must hold public hearings to seek citizen participation and input for Community Development Block Grant and HOME Investment Partnership program funding.

NOW, THEREFORE BE IT RESOLVED that the Hamburg Town Board authorizes the Department of Community Development to hold public hearings on the following dates/times/locations: Date Time(s) Venue September 13, 2021 5:00 pm & 6:00 pm Hamburg Town Hall September 27, 2021 5:00 pm & 6:00 pm Hamburg Town Hall October 4, 2021 4:00 pm Hamburg Village Hall October 4, 2021 5:00 pm & 6:00 pm Hamburg Town Hall October 20, 2021 5:30 pm Blasdell Village Hall

BE IT, FURTHER, RESOLVED that notice of these public hearings be published within the official town newspaper.

Moved: Farrell 11 Town Board of the Town of Hamburg August 23, 2021 Meeting

10. Hamburg Ice Arena Pro Shop & Concession Proposal - 7K Unlimited, Inc.

Be it resolved, the Town Board accepts the proposal submitted by 7K Unlimited, Inc. for the operation of Hamburg Town Ice Arena Pro Shop and Snack Bar concession during the Fall /Winter seasons (Mid- September through Mid-April) for the years 2021-2022, 2022-2023 and an option year for 2023-2024. 7K Unlimitied has been a trusted partner in this capacity for many years. The 7K Unlimited proposal offers two (2) payments annually totaling $5000.00 ($2,500.00 each) for the duration of the contract. No other proposals were received.

Moved: Connolly ATTACHMENTS: Description Upload Date Type 7K Unlimitied, Inc. Proposal 8/19/2021 Cover Memo 12 13 14 15 16 17 18 Town Board of the Town of Hamburg August 23, 2021 Meeting

11. Big Tree VFC New Members - Giovino & Zoyhofski

RESOLVED, that the Town Board approve the membership of the following into the Big Tree Volunteer Firemen’s Company, Inc.:

Tyler Giovino 4095 Willowdale Ave Blasdell, NY 14219

Tom Zoyhofski 3638 Delilah Lane Hamburg, New York 14075

Moved: Shaw

ATTACHMENTS: Description Upload Date Type Big Tree VFC 8/19/2021 Backup Material 19 20 Town Board of the Town of Hamburg August 23, 2021 Meeting

12. Taylor Rd. Park Rentals & Alcohol Waivers

Be it resolved, that the Town Board approve the request for alcohol waivers for the following September 2021 Taylor Rd. Park rentals: 9/3, 9/4, 9/5, 9/6, 9/10, 9/11, 9/12, 9/16, 9/17, 9/18, 9/19, 9/24, 9/25, 9/26,& 9/28.

Moved: Connolly 21 Town Board of the Town of Hamburg August 23, 2021 Meeting

13. LED Lighting Determination

WHEREAS, the Town of Hamburg is currently in the process of purchasing the Town street lights from the local utilities, NYSEG and National Grid; and

WHEREAS, during this process, the utilities continue to conduct maintenance related to the Town street lights under their ownership; and

WHEREAS, the utilities current replace any street light fixtures that are malfunctioning or damaged with a LED fixture; and

WHEREAS, the utilities require the Town Board to determine the color temperature of the LED fixture they wish to see installed within the Town of Hamburg.

THEREFORE BE IT RESOLVED, based on the recommendation of the Town Engineer, the Town of Hamburg Town Board has determined that 3,000 Kelvin LED light fixtures shall be installed as needed for replacement street lights by the utilities.

Moved: CONNOLLY 22 Town Board of the Town of Hamburg August 23, 2021 Meeting

14. LED Conversion - New York State Power Authority

WHEREAS, pursuant to the Towns adoption of a bond resolution to secure funding for the conversion of street lights and related lighting assets for municipal facilities, and

WHEREAS, upon the completion of a Town-wide audit of all street lights, exclusive of lighting assets within municipal buildings and the Town’s Nike Recreation Center, the Town is now prepared to go forward with the implementation phase of the LED conversion process.

NOW, THEREFORE, BE IT

RESOLVED, that the Town of Hamburg shall enter into a contract for the installation of all street lights and related upgrades with the N.Y. State Power Authority pursuant to its proposal for the aggregate price set forth in its submission of 7/26/21 which includes the following:

Purchase Price $1,380,000 (NYSEG and National Grid) Upgrade Project Costs $4,140,000 (NYPA holds contracts) Includes construction allowances and a 10% contingency Optional Asset Mgmt. Nodes $726,000 (Allows for easier maintenance) Total: $6,246,000

Moved: SHAW 23 Town Board of the Town of Hamburg August 23, 2021 Meeting

15. NEW HIRE – POLICE OFFICER (Transfer) Samuel J. Meckley

RESOLVED, the Town Board approves the recommendation of the Chief of Police in authorizing the lateral transfer of Samuel J. Meckley, to the position of POLICE OFFICER effective September 5, 2021 at an hourly rate of $29.46 (Step 1). This appointment is subject to all preconditions of employment including, but not limited to, physical, psychological, and polygraph testing. Funds are available in B3120.100.

Moved: Hoak 24 Town Board of the Town of Hamburg August 23, 2021 Meeting

16. NEW HIRE – POLICE OFFICER - Andrew Mencer

RESOLVED, the Town Board approves the recommendation of the Chief of Police in hiring Andrew Mencer, to the position of POLICE OFFICER effective September 5, 2021 at an hourly rate of $26.37. This appointment is subject to all preconditions of employment including, but not limited to, physical, psychological, and polygraph testing, as well as the successful completion of Phase 2 of the Police Academy. Funds are available in B3120.100.

Moved: Hoak 25 Town Board of the Town of Hamburg August 23, 2021 Meeting

17. PROMOTION - DETECTIVE - Jason Nappo

RESOLVED, the Town Board approve the recommendation of the Chief of Police in promoting Jason Nappo to the vacant position of Detective effective September 5, 2021. Jason Nappo is currently on the Detective Civil Service List, Exam #79-314. Salary is $47.10 per hour. Funds are available in B3120.100.

Moved: Hoak 26 Town Board of the Town of Hamburg August 23, 2021 Meeting

18. Approval of the White Collar Unit Collective Negotiations Tentative Agreement

APPROVAL of the WHITE COLLAR UNIT COLLECTIVE NEGOTIATIONS TENTATIVE AGREEMENT for the Contract Years January 1, 2022 to December 31, 2025.

WHEREAS, the Town of Hamburg and the Civil Service Employees Association, Inc. Local 1000, AFSCME, AFL-CIO, Town of Hamburg White Collar Unit (hereinafter "CSEA") are parties to a Collective Bargaining Agreement (hereinafter "CBA") which expired as of December 31, 2019; and

WHEREAS, the Town and CSEA have engaged in collective bargaining to negotiate a successor CBA covering the terms and conditions of the employment of members of the CSEA in the Town of Hamburg; and

WHEREAS, Town Supervisor James Shaw has negotiated and settled upon with the CSEA a "Tentative Agreement" dated June 24, 2021, subject to ratification by the membership of the CSEA and approval by the Town of Hamburg Town Board; and

WHEREAS, CSEA has notified the Town that its membership has duly ratified the Tentative Agreement; and

WHEREAS, Supervisor Shaw is recommending that the Town Board approve and Ratify said Tentative Agreement; now, be it

RESOLVED, that the Hamburg Town Board, hereby Adopts and Ratifies the "Memorandum of Agreement" between the Town of Hamburg and the Town of Hamburg CSEA White Collar unit, dated, for the years January 1, 2220 through December 31, 2025, as more fully set out in the attached Tentative Agreement.

Moved: SHAW ATTACHMENTS: Description Upload Date Type CSEA Tentative Agreement 8/19/2021 Backup Material 27 28 29 30 31 32 33