July 12, 2021 Town Board Meeting Hamburg, New York 1

July 12, 2021 Town Board Meeting Hamburg, New York 1. Roll Call Town Clerk, Catherine A. Rybczynski, called the roll - all members present.

James Shaw, Supervisor (Present) Shawn Connolly, Councilmember (Present) Elizabeth Farrell, Councilmember (Present) Karen Hoak, Councilmember (Present) Michael Petrie, Councilmember (Present)

ALSO PRESENT: Catherine A. Rybczynski, Town Clerk; Walter Rooth III, Town Attorney; Jennifer Robertson, IT Director; Martin C. Denecke, Director of Youth, Recreation & Senior Services; Jennifer Kosmowski, Director, Domestic Violence, Jennifer Robertson, Director, IT; Cami Jarrell, P.E., Town Engineer; Tom Lardo, Engineering Inspector; Dan Stanford, Town Assessor; Pat Ryan, Director Buildings & Grounds; Samantha Tarczynski, Finance Director; Ted Casey, Highway Superintendent; Amanda Lyle, Director of Human Resources; Sara desJardins, Planning Consultant; Paul McQuillen, Health & Safety Coordinator

2. Pledge of Allegiance The Pledge of Allegiance was recited at the start of the meeting.

3. Minutes of Previous Meetings RESOLVED, that the Hamburg Town Board does hereby approve the minutes of the previous meetings as follows:

6.21.2021 Town Board Work Session 6.21.2021 Town Board Regular Meeting

Moved: Hoak On a motion of Councilman Hoak, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______4. Big Tree VFC New Member RESOLVED, that the Town Board approve the membership of the following into the Big Tree Volunteer Firemen’s Company, Inc.:

Peter Christ 51 Helen Ave Blasdell, NY 14219

Moved: Shaw On a motion of Supervisor Shaw, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______5. Approve Appointmens to Historic Preservation Advisory Board WHEREAS, the Hamburg Town Board adopted Local Law No. 3 for the year 2021 on June 21st, 2021, establishing a Historic Preservation Advisory Board for the purpose of maintaining historic sites and districts in July 12, 2021 page 1 addition to recommending the designation of historic landmarks;

NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board appoints the membership to the Historic Preservation Advisory Board consisting of seven members and two alternates as follows: Realtors Nicole Freidenberg, Hunt Real Estate Michael Kaney, Ganey Real Estate

Architect Daniel Keefe

Historical Society Members Jim Baker Laura Hahn

Shoreline Committee Members Joe Kilian Leona Rockwood

Alternates William Mayer Lynn Rudnicki

Moved: SHAW On a motion of Supervisor Shaw, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 A motion was offered by Supervisor Shaw, seconded by Councilman Petrie, to AMEND the item as follows:

Delete Laura Hahn and replace with John Edison.

The motion to AMEND was APPROVED 5 - 0

AYES - 5 Shaw, Connolly, Farrell, Hoak, Petrie NOES - 0

A motion was offered by Supervisor Shaw, seconded by Councilwoman Farrell, to APPROVE the item as AMENDED.

The motion to APPROVE as AMENDED was APPROVED 5 - 0

AYES - 5 Shaw, Connolly, Farrell, Hoak, Petrie NOES - 0 ______6. Public Forum-Skyway Whereas, at its June 7, 2021 meeting the Hamburg Town Board passed resolution #24 stating in part,

"Now, Therefore Be It, Resolved that the Hamburg Town Board affirms the Skyway Bridge as essential to the community for commerce, revitalization, access to employment, public safety, and efficient travel to points north, and opposes its removal or restrictions to vehicle use, and

Be It Further, Resolved that the Hamburg Town Board will hold a Public Forum at its July meeting (date TBD) at 7 pm to afford the public additional opportunity to express their position on this issue."

Now Therefore Be It Resolved that the Hamburg Town Board schedule said Public Forum for Monday July 26, 2021 at 7 p.m. at Hamburg Town Hall S-6100 South Park Ave. Hamburg NY 14075, and

Be It Further Resolved that notice of this Public Forum will be sent to New York State Department of Transportation (NYSDOT). July 12, 2021 page 2

Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0

A motion was offered by Councilwoman Farrell, seconded by Councilman Petrie, to withdraw the item from the agenda and consideration.

Motion to WITHDRAW was APPROVED 5 - 0

AYES - Shaw, Connolly, Farrell, Hoak, Petrie NO - 0

______7. B&G PAF WHEREAS, Rodney Pawlowski signed a bid posting for a Special Laborer's position in the Buildings & Grounds Dept., and has been awarded the position based on the qualifications,

BE IT RESOLVED, that the Town Board approve the hiring and termination of the following employees in the Buildings & Grounds Dept.

MOVED: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______8. Blasdell CDBG Bid BE IT RESOLVED THAT the Hamburg Town Board authorize the Department of Community Development to advertise a bid for the purpose of completing the 2021 Village of Blasdell CDBG infrastructure project on Miller Avenue.

MOVED: Farrell On a motion of Councilman Farrell, seconded by Councilman Connolly, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______9. Housing/Financial Counseling WHEREAS, on January 11, 2021, the Hamburg Town Board authorized the Department of Community Development to release an RFP for comprehensive housing and financial counseling services, and WHEREAS, the RFP’s were opened on January 27, 2021, reviewed, and best/final pricing was requested of the two responding agencies based upon a changed scope of services necessitated by the pandemic. NOW THEREFORE BE IT RESOLVED that the Hamburg Town Board authorizes the Department of Community Development to execute a contract with Belmont Housing Resources for WNY to provide comprehensive housing & financial counseling services for residents of the Town of Hamburg, including the Villages of Blasdell and Hamburg. The contract period shall run from August 1, 2021 through to March 31, 2023. Funding in the amount of $20,000.00 is available in account CD 8686.350 and/or the program income account. July 12, 2021 page 3

MOVED: FARRELL On a motion of Councilman Farrell, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______10. Town of Hamburg Brownfield Opportunity Area (BOA) Grant

WHEREAS, the New York State Department of State (DOS) is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards to complete: (1) a Brownfield Opportunity Area (BOA) Nomination for a community affected by known or suspected brownfields, (2) pre-development activities within a BOA where a Nomination forms the basis for a designation by the Secretary of State (referred to here as a State-Designated BOA), and (3) Phase II Environmental Site Assessments (SA) within a State-Designated BOA; and

WHEREAS, brownfields include real properties where a contaminant is present at levels exceeding the soil cleanup objectives or where levels exceed other health-based or environmental standards, criteria, or guidance adopted by New York State Department of Environmental Conservation. The applicability of these regulations is based on the reasonable, anticipated use of the property. Known or suspected site contamination of real property can impede investment and redevelopment, making such property an economic and environmental drain on localities. Through the New York State Department of State Brownfield Opportunity Area (BOA) Program, these known and suspected brownfields are transformed from liabilities to community assets that generate businesses, jobs and revenues for local economies and provide new housing and public amenities; and

WHEREAS, the BOA program applies a neighborhood or area-wide approach, rather than the traditional site-by- site approach, to the assessment and redevelopment of known or suspected brownfields and other vacant or abandoned properties. The neighborhood approach enables communities to comprehensively assess existing economic and environmental conditions associated with brownfield blight and impacted areas; identify and prioritize community supported redevelopment opportunities; and attract public and private investment. The types of areas where program resources are being applied include industrial/manufacturing zones, commercial corridors, mixed-use neighborhoods, downtowns and waterfronts; and

WHEREAS, in an effort to continue the community and economic development initiatives along the Buffalo River and Lake Erie waterfront south of the City of Buffalo, the Town of Hamburg has targeted the Woodlawn Gateway and surrounding communities for revitalization; and

WHEREAS, the development of a BOA Nomination would significantly enhance the ability of the Town of Hamburg to address a range of problems posed by multiple known or suspected brownfield sites which can include but are not limited to the following: [1] Build community consensus on the future uses for the area with an emphasis on strategic sites that are known or suspected brownfields [2] Establish sustainable goals and objectives for area-wide revitalization and for redevelopment of strategic sites [3] Identify and establish the multi-agency and private-sector partnerships necessary to leverage assistance and investments to revitalize downtowns, neighborhoods, and communities [4] Address environmental justice concerns and promote environmental equity in areas that may be burdened by negative environmental consequences [5] Engage community stakeholders, local businesses, and regional agencies in a comprehensive effort [6] Engage in activities to implement the community’s vision after BOA designation by Department of State; and

WHEREAS, the BOA program is a reimbursement program that will provide 90% of the cost of the development of a BOA Nomination.

NOW, THEREFORE, BE IT RESOLVED the Hamburg Town Board, authorizes EECG Consulting, LLC to prepare and submit the grant application to the New York State Department of State via the 2021 Consolidated Funding Application (CFA); and

BE IT FURTHER RESOLVED THAT, if the grant is awarded, the Town of Hamburg will commit to the completion of the BOA Nomination and the required 10% local match and designate the Supervisor as the authorized representative and EECG Consulting, LLC to manage the project on behalf of the Town of Hamburg. July 12, 2021 page 4

Moved: Farrell On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______11. Sterling Road and Gerber Pkwy Signs WHEREAS, the Town of Hamburg considers the issues of motorist and pedestrian safety to be paramount to the well-being of its residents, and

WHEREAS, several Hamburg neighborhoods are experiencing significant traffic concerns, and

WHEREAS, the Traffic Safety Advisory Board recommends the installation of the following signs to alleviate traffic concerns in these respective neighborhoods:

“No Parking Here to Corner” on Sterling Road at intersection with Brundage Road

“Be a Good Neighbor – Slow Down” signs on each end of Gerber Parkway

THEREFORE, BE IT RESOLVED, that the Buildings and Grounds Department be directed to install and maintain these three signs. Funds available in account DB.5110.0205 Signs and Signals. The Traffic Safety Coordinator shall generate the requisite work orders.

Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Connolly, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______12. Traffic Study Recommendation WHEREAS, the Lake Erie Industrial Park and adjacent roadways, residential neighborhoods, cultural attractions, and commercial areas are an integral part of the vitality of the Town of Hamburg, and

WHEREAS, significant commercial development has taken and continues to take place in this area, and

WHEREAS, increased commercial traffic such as box, delivery and cargo trucks have caused significant concern among neighborhood residents, and

WHEREAS, the Amazon facility currently in development is anticipated to increase this traffic, and

WHEREAS, several compelling solutions to ameliorating this problem have been explored but there have been no recent formal studies done in the area, and

THEREFORE, BE IT RESOLVED, that the Traffic Safety Advisory Board recommends the completion of a formal, comprehensive traffic study of the areas encompassing the following: Lake Erie Industrial Park, Ravenwood North, Bayview/Big Tree/Steelton neighborhoods, Route 5, Route 179, Penn Dixie, and all other relevant adjacent neighborhoods, commercial districts and roadways. The Traffic Safety Advisory Board recommends that this study should include considerations of all current and future anticipated traffic patterns, areas of current and future concern, and recommendations for mediating these concerns now and in the future.

Moved: Farrell

July 12, 2021 page 5 On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______13. PAF - Youth, Recreation & Senior Services Be it resolved, that the Town Board approve the termination and hiring of personnel for the Youth, Recreation & Senior Services Dept. as follows:

Moved: Connolly On a motion of Councilman Connolly, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______14. Arena Pro Shop/Snack Bar RFP Be it resolved the Town Board authorize the Department of Youth, Recreation & Senior Services to post and distribute a Request for Proposals (RFP) related to the operation of the Hamburg Town Arena Pro Shop and Snack Bar operation. This includes control of vending in the lobby of the facility. The RFP will be for the seasons starting/ending September 2021- April 2022, September 2022 - April 2023 and an optional season starting/ending September 2023 - April 2024. Formal proposals are due to the Hamburg Town Clerk's office no later than August 16, 2021, by 11:00 AM.

Moved: Connolly On a motion of Councilman Connolly, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______15. Brompton/Smith Roads Whereas the Hamburg Town Board previously approved by resolution bond issuance for paving in the amount of $300,000 and,

Whereas the Highway Superintendent provided the Highway Advisory Board with projects on Brompton and Smith for review, and the Highway Advisory Board deemed said projects to be appropriate for selection in terms of road ratings and application selected and,

Whereas, the Highway Superintendent has secured a quote based upon County contract pricing for these projects in the amount of $195,173.33 and,

Whereas, the Traffic Safety Coordinator has secured a quote for the necessary stripping to complete the paving project in the amount of $11,660.28 and,

Whereas, the necessary pre paving repair work required will not exceed $10,000,

Now, Therefore Be It Resolved that the Hamburg Town Board authorize the use of bond issuance funds to complete the repairs, paving, and stripping projects on Brompton and Smith Roads, and

Be It Further Resolved that these projects will follow all Town guidelines, contracts, and agreements during all phases of the process to complete.

Funds are available in Account H21.5110.303

July 12, 2021 page 6 Moved: Farrell

Justification: -The Traffic Safety Advisory Board has discussed, reviewed and recommended the stripping projects at several meetings including their 7/8/21 meeting. Stripping would be needed following the Novachip paving process. -The Highway Advisory Board notes that Brompton is appropriate for Novachip. Smith Rd. needs spot structural repairs first to address cracks (mill out 4 inches and place binder up to grade in the cracked areas before Novachip). Less than 5% of the surface area is cracked but these repairs should extend the service life of the road. Following these repairs, Smith Rd. would also be appropriate for Novachip. The HAB notes that this type of process is what they refer to as preventive maintenance and advises it be part of a paving program. On a motion of Councilman Farrell, seconded by Councilman Connolly, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______16. Highway Budget 2020 Highway Budget Restoration

BE IT RESOLVED, that the Town Board restore the original 2020 Highway Budget to pre-reduction amounts. Total amount to be restored is $226,053.20.

The amount of $122,553.20 from the Highway Department’s operating budget (DB) account will be restored immediately with those funds used for paving to help reduce the number of town roads in poor condition.

Moved: Farrell On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was WITHDRAWN Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 A motion was offered by Councilwoman Farrell, seconded by Councilman Petrie, to withdraw the item from the agenda and consideration.

Motion to WITHDRAW was APPROVED 5 - 0

AYES - Shaw, Connolly, Farrell, Hoak, Petrie NO - 0

______17. Computer Workstation and Network Equipment Upgrade WHEREAS, the Town of Hamburg is in need of upgrading computer workstations, network hardware and peripherals, and

WHEREAS, a previous resolution was pasted on 6/20/20 for the purchase of Thin Clients for the computer upgrade equipment, however since then the needs of the Town have changed, and

WHEREAS, additional network hardware, for police and dispatch is now in need of replacement, and

WHEREAS, the cost break down is provided below, and a more detailed memo attached, and

July 12, 2021 page 7

NOW BE IT RESOLVED, that the Town of Hamburg approve the purchase of computer workstation and network hardware. The total cost of the upgrade is $186,752.92. Upon purchasing the new equipment, a credit of $55,930.50 will be applied from the return of the Thin Client equipment, $20,000 is available in PO # 4193943, $543.69 is available in PO # 4193944, $41,589.07 is available in account A.1690.____ and $1,345.40 is available in account A.1690.207. The outstanding balance of $67,344.26 is available in fund account ______.

Moved: Connolly On a motion of Councilman Connolly, seconded by Supervisor Shaw, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 The resolution was Amended as read into the record by Councilman Connolly as follows:

In the RESOLVED clause the following amendments were made: delete $186,752.92 and replace with $186,874.76; delete account A.1690 and replace with account A.909; delete $67,344.26 and replace with $67,466.10; at the end of the RESOLVED Clause insert Account A.909.

Councilman Connolly added that the cost increased $121.84. ______18. Hamburg Business Park - Amended Positive Findings Statement Whereas, the Town of Hamburg acted on a rezoning application from E.F.Burke Co. in 2006 to allow for the development of the “Hamburg Business Park” located at Bayview Road and Southwestern Boulevard in the Town July 12, 2021 page 8 of Hamburg, which included the completion of a Generic Environmental Impact Statement, and

Whereas, in accordance with 6NYCRR Part 617, of the Environmental Conservation Law (SEQR), the Hamburg Town Board, as the SEQR Lead Agency, accepted a Final Generic Environmental Impact Statement (FGEIS) on May 8, 2006; and

Whereas, the Hamburg Town Board considered all relevant information set forth in the Draft Generic Environmental Impact Statement (DGEIS) and Final Generic Environmental Impact Statement (FGEIS), and weighed and balanced the relevant environmental impacts with social, economic and other considerations and issued a Positive Findings Statement signed on May 22, 2006; and

Whereas, the Town Board, based on these Findings, then approved the rezoning and placed conditions on this rezoning (including the restriction of certain uses) in accordance with the Findings Statement; and

Whereas, the Town has received an application to develop a car wash within the Hamburg Business Park which is not in accordance with one of the conditions of the rezoning and the applicant has requested that the Town Board amend the rezoning by removing the restriction of car washes; and

Whereas, the Hamburg Town Board, prior to adopting any proposed amendment to the rezoning of this site, must complete an environmental review of the project based upon the Town Board’s SEQR Findings on the project and determine whether the proposed action is in accordance with the Findings, issue a Negative Declaration, issue an Amended Findings or require a Supplemental EIS; and

Whereas, the Town Board held a public hearing on the rezoning amendment on June 7, 2021, and using their original Findings Statement and associated information, the information submitted by the applicant, and input from the Town Planning Board and other Town Departments, has determined that this change to the rezoning conditions warranted an Amendment to the Findings Statement; and

Whereas, based on review and analysis, the Town Board determined that the changes to the rezoning condition (removing the restriction of car washes) minimizes, to the maximum extent practicable, adverse environmental impacts disclosed in the DGEIS and FGEIS and that adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this decision, those mitigating measures as outlined in the attached Amended Findings Statement;

Now, Therefore, Be It Resolved that the Hamburg Town Board issues the attached Amended Positive Findings Statement to approve the proposed amendment to the rezoning of this site for the Hamburg Business Park; and

Be it Further Resolved that the original Findings Statement and Amended Findings Statement provide a rationale for the Town Board’s decision regarding environmental impacts associated with the proposed rezoning amendment, and future development shall be consistent with the these Findings; and

Be it Further Resolved, that the Findings Statement certifies that the requirements of 6 NYCRR Part 617 pertaining to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act/ SEQRA) have been met.

Moved: Shaw On a motion of Supervisor Shaw, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______19. Hamburg Business Park Rezoning: Amend Local Law #3 (2006) Whereas, the Town of Hamburg, the year 2005, received a rezoning application from E.F. Burke Co. for the rezoning of property at the northwest corner of South Park Avenue and Southwestern Boulevard from C-1 (Local Retail Business District) to C-2 (General Business District) for the development of the Hamburg Business Park and that rezoning was approved Conditionally by the Town Board on May 22, 2006; and

Whereas, the Town has now received an application to develop a car wash within the Hamburg Business Park which is not in accordance with one of the conditions of the rezoning placed in 2006, and the applicant has July 12, 2021 page 9 requested that the Town Board amend the rezoning by removing the restriction of car washes; and

Whereas, the Hamburg Town Board has received input from the Planning Board (the site plan is presently before the Planning Board) and other Town Departments on this request; and Whereas, a Public Hearing on this proposed rezoning condition amendment took place on June 7, 2021; and Whereas, the Hamburg Town Board has determined that the proposed rezoning conditions amendment will not result in any significant negative effect on the environment based on the issuance of an Amended Findings Statement; and

Whereas, the Town Board, based on the input received, consideration of the changes in the community over the past 15 years, the review of the reasoning in the GEIS for this restriction and review of the Town’s Comprehensive Plan has determined that this amendment of the rezoning conditions should be approved; and

Whereas, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law which proposes to amend the conditions of the rezoning of the property referred to in the Town’s rezoning approval on 5/22/2006.

Now, Therefore Be It Resolved that the Rezoning approval for the Hamburg Business Park be amended as follows:

To amend Local Law #3 of the year 2006 for the rezoning of the property known as Hamburg Business Park, as follows:

Under “Conditions of the Rezoning”, item 5., remove “Commercial car washes” as an excluded use for this site.

Moved: Shaw On a motion of Supervisor Shaw, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______20. Public Safety Dispatch PAF BE IT RESOLVED, that the Town Board approve the hiring and termination of the following employees in the Public Safety Dispatch Dept.

MOVED: Hoak On a motion of Councilman Hoak, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______21. Approval of Urban Engineers for Clock Tower Repairs WHEREAS, the Town Board of the Town of Hamburg has contracted with Urban Engineers of New York, DTC to design the Town’s clock tower sidewalk and foundation repair project; and

WHEREAS, Urban Engineers has submitted its report for the sidewalk and retaining wall design and construction to afford the Town a design for a new retaining wall, bulkhead wall and/or rip rap slope or combination of these which will be designed to prevent further storm damage to the sidewalk and foundation adjacent to the Hamburg clock tower; and

WHEREAS, after consultation with the Town Engineer, the Department Head of the Buildings and Grounds Department, and the Town’s Emergency Management Coordinator;

NOW, THEREFORE IT IS HEREBY, RESOLVED, that the Town has selected the conceptual approach outlined by Urban Engineers as specified on July 12, 2021 page 10 page 8 of its report, entitled concept no. 3 and that the Company is immediately instructed to draft a concept design and plan to expedite a schedule that will produce a final design, enabling the Town to secure public bids for the ultimate remedial construction.

Moved: SHAW On a motion of Supervisor Shaw, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 A motion was offered by Supervisor Shaw, seconded by Councilman Petrie, to forego consideration of the resolution at this time while reserving the option to revisit the resolution to amend, discuss, approve, or take other such appropriate action as the Town Board sees fit.

Motion is approved 5 - 0

AYES - SHAW, Connolly, Farrell, Hoak, Petrie NO - 0

______22. Approval of 56 Services, Inc for Air Sampling WHEREAS, 56 Services, Inc. was the only company to offer a proposal with respect to air sampling in conjunction with the asbestos removal project designated for the Hamburg Town Hall;

BE IT RESOLVED, the Town of Hamburg hereby designates 56 Services, Inc. P.O. Box 561, Buffalo, NY 14203, as the company to conduct the air sampling survey incident to the asbestos removal project contract that will be entered into pertaining to the Hamburg Town Hall. 56 Services, Inc. proposal is attached to this resolution.

Moved: SHAW On a motion of Supervisor Shaw, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______23. Approve award of asbestos abatement project WHEREAS, the Hamburg Town Board adopted a bond resolution in December of 2020 for the reconstruction of underutilized space in the Hamburg Town Hall to accommodate additional conference and office space; and

WHEREAS, as a condition precedent to the reconstruction of vacant space within Hamburg Town Hall, asbestos remediation is required along with air sampling services to be conducted in conjunction with the asbestos removal; and

WHEREAS, three companies submitted proposals for asbestos removal, as follows: 1. Empire Building Diagnostics $13,900 786 Terrace Blvd, Suite 1 Depew, NY 14043

2. Epic Contracting $17,660 3576 South Benzing Road Orchard Park, NY 14127

3. Stohl Remediation $35,200 3860 California Rd Orchard Park, NY 14127

July 12, 2021 page 11 WHEREAS, the lowest of three bidders withdrew its bid due to an inability to timely complete the work;

NOW, THEREFORE, BE IT, RESOLVED, that upon the recommendation of Timothy Willard, and the members of the Committee with whom he worked, the Town hereby awards the asbestos abatement project to Epic Contracting;

IT IS FURTHER, RESOLVED, that the Town Clerk shall provide a Clerk’s certified copy of this resolution to Epic Contracting and request a contract submission for the proposed work.

Moved: SHAW On a motion of Supervisor Shaw, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 Supervisor Shaw stated that the account to be used would be H.21.8687.303

Supervisor Shaw asked that a Certified Copy be sent to 56 Services, Inc. ______24. Approval of Letter of Engagement with EECG RESOLVED, that the Town Supervisor is authorized to enter into a Letter of Agreement and Retainer with Mr. Mark Melewski, Managing Director, EECG Consulting, LLC for the purpose of securing that Company’s consultations with respect to the ARPA as same relates to the terms and conditions of the contract attached hereto and made a part hereof.

Moved: SHAW On a motion of Supervisor Shaw, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0 ______25. Audit of Cash Disbursements 7.12.2021 RESOLVED that the Hamburg Town Board does hereby RECEIVE & FILE the Audit of Cash Disbursements for Monday, July 12, 2021 as follows:

July 12, 2021 page 12

Moved: Shaw A motion was offered by Supervisor Shaw, seconded by Councilman Connolly, to AMEND the Audit of Cash Disbursements for Monday, July 12, 2021 as follows:

1. Under the heading OPERATING FUND immediately following and beneath line for Batch #57 the term "unprocessed" shall be placed in the column titled Voucher Number followed by adding $6331.67 in the adjacent column labeled Amount.

2. Delete the amount following "Total Operating Fund Disbursements" included under the OPERATING FUND heading of $1,416,473.44 and replace with $1,422,805.11.

3. Under the heading CAPITAL FUND immediately following and beneath the line for Batch #7 the term "unprocessed" shall be placed in the column titled Voucher Number followed by adding $16,250.00 in the adjacent column labeled Amount.

July 12, 2021 page 13 4. Delete the amount following "Total Operating Fund Disbursements" included under the CAPITAL FUND heading of $2,841.03 and replace it with $19,091.03.

5. Delete the amount of $2,876,024.36, following the entry TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT at the end of the report and replace with $2,898,606.03.

The motion to AMEND was APPROVED 5 - 0 AYES - Shaw, Connolly, Farrell, Hoak, Petrie NOES - 0

______26. Business from the Floor

Reports of Department Heads

Samantha Tarczynski, Director of Finance - Reported that Budget Documents are going out to Department Heads this week and in the next 2 weeks figures from the first half of the year would be "firmer" and ready for dissemination.

No additional reports from Department Heads

No comments from the public.

Town Board Member Reports

Councilwoman Farrell - Reported that Senior Services is making progress with opening the Therapeutic Pool. Also, informed the Board that the Comprehensive Plan team is preparing for an open house and presentation on July 27 from 5 PM - 8PM.

Councilman Petrie - Stated that the Judge overseeing the McKinley Mall sale offered a strong rebuke of the town for their attempts to insert itself into the process and that's why he voted against it.

Supervisor Shaw replied to Councilman Petrie's comments by stating that prior to the town hiring an attorney the process was stalled for over three (3) years. He continued that he is proud of the actions taken by the town and that it was the right thing to do. The residents of the Town of Hamburg deserved to have their concerns heard.

Councilwoman Hoak - Reported that the Town is now half way to becoming a "Clean Energy Community" with the second project approved by NYSERDA and once completed the town will be able to avail itself of grant and aid associated with clean energy.

Councilman Connolly - Stated that he agrees with Supervisor Shaw regarding the handling of the McKinley Mall.

27. Meeting is adjourned by Supervisor On a motion of Supervisor Shaw, seconded by Councilman Hoak, the following resolution was ADOPTED Ayes 5 Connolly, Farrell, Hoak, Petrie, Shaw Nays 0 Abstain 0

July 12, 2021 page 14 Meeting adjourned at 8:05

Open Meetings Law, Public Officers Law, Article 7, §106. Minutes. Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon. These minutes are an unofficial copy unless the original signature of the Town Clerk is affixed below. The original official paper minutes are stored in the Town’s vault.

______Catherine A. Rybczynski, R.M.C. Hamburg Town Clerk

July 12, 2021 page 15 July 12, 2021 page 16 July 12, 2021 page 17 July 12, 2021 page 18 Request for Proposals (RFP)

Hamburg Town Arena Concession Operation

Pro Shop and Snack Bar (and additional options)

For Winter 2021/22, 2022/23, and an option for 2023/24

Invitation

Your firm is hereby invited to submit a proposal for the operation of the Town of Hamburg’s Ice Arena Concessions located at 2982 Lakeview Road, Hamburg, NY 14075. The concession contract includes both a hockey pro shop and a snack bar. In addition, we are seeking two optional proposals that involve taking over our skate rental operations and/or building a store front within the arena.

General

The Town of Hamburg is soliciting proposals (RFP) from experienced concessionaires familiar with the operation of an Ice Hockey Pro Shop and Snack Bar. This includes control of vending machines located in the lobby. The Hamburg Town Ice Arena is a seasonal facility that is generally open from mid September to early April. The concessionaire would be required to be open for the duration of the season.

This RFP neither commits the Town of Hamburg to select a concession operator nor reimburse any costs associated with the preparation or submittal of RFP in this regard. The Town reserves the right to reject any and all proposals, should it be deemed to be in the best interest of the Town of Hamburg.

Legal and Insurance Matters

1. The Contractor is to file with the Town Clerk a performance bond issued by an incorporated surety company in the amount of Two Thousand ($2,000) Dollars.

2. The Contractor shall comply with all applicable Federal, State, County and all local statutes, laws, regulations and licensing requirements and shall maintain the leased areas in accordance with such laws and health regulations.

July 12, 2021 page 19 3. The Contractor shall secure and maintain in force during the term of the contract Workers’ Compensation and New York State Disability Benefits insurance as required by New York State Laws.

4. The Contractor shall also secure and maintain General Liability insurance covering lessee’s premises, operations, products, operations of independent contractors, and contractual liability and naming the Town of Hamburg and its employees as Additional Insured with limits for Bodily Injury and Property Damage combined of at least $500,000 each occurrence. In lieu of single limit General Liability insurance, the Contractor may provide limits of $500,000 each occurrence for Bodily Injury and $500,000 each occurrence for Property Damage.

5. A certificate of the above required insurance providing a minimum of 30 days written notice of cancellation or non-renewal of such insurance shall be submitted to the Town Attorney’s Office, Town Hall, S-6100 South Park Avenue, Hamburg, New York 14075, prior to execution of the lease.

6. The Contractor shall indemnify the Town of Hamburg and its employees for any all loss, costs, damages and liability arising in any way from the lessee’s obligations, operations, or use of the property.

7. NON-COLLUSIVE BIDDING CERFICIATION

In addition to the other provisions herein contained to be done or performed by the bidders as part of the agreement, the said bidder certifies under penalty of law, pursuant to the provisions of Section 103-d of General Municipal Law, that:

By Submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in said bid have been arrived at independently without collusion, consultation, communication, or agreement, for any purpose of restricting competition, as to any matter relating to such prices with any other bidder or competitor;

July 12, 2021 page 20 (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

8. THE TOWN RESERVES THE RIGHT TO REJEDT ALL BIDS, to consider the reputation and experience of the bidder or manufacturer in making its selection, to waive any informalities or minor deviations from the specifications, and to award the contract to other then the highest bidder, if, in the interests of standardization, or for other good and sufficient reasons, including experience with similar equipment, it is considered in the best interest of the Town of Hamburg to do so.

Scope of Work/Time Frame

1. The Contractor shall operate the Pro Shop/Snack Bar from 5 to 10 P.M. Monday through Friday and from 8 A.M. to 8 P.M. Saturday and Sunday. On special events, i.e. tournaments, the Pro Shop/Snack Bar hours will be subject to change with the approval of the Recreation Department. Hours of operation are subject to change upon successful negotiations with the Recreation Department. 2. The Contractor shall provide skate sharpening services as part of the Pro Shop operation. The Contractor shall charge reasonable competitive prices for merchandise and services. 3. The Contractor shall keep the concession areas free of debris, paper, bottles and trash connected with the Pro Shop/Snack Bar and shall dispose of all garbage daily. 4. Contractor shall not be permitted to operate outside the assigned Pro Shop/Snack Bar areas, as defined by the Recreation Department. 5. The Contractor will maintain the Town of Hamburg’s skate rental inventory with skate sharpening service twice during each season within the time frame of the contract.

July 12, 2021 page 21 Specific Operator Responsibilities

* General

- Arranging for vending services in the lobby - Hiring/Supervising of Staff - Cash Registers - Purchase of items to be sold - All cleaning within rented space - Signage - Insurance (requirements attached) - Security Bond - References (3) - Phone (if desired) * The Town will require a contact number of the owner/manager in case of emergency.

*Pro Shop (Sales)

- Hockey Equipment - Ice Skates - Apparel/Hats - Equipment bags - Tape, socks, laces, etc.

*Pro Shop (Service)

- Skate Sharpening

* Snack Bar

- Creation of menu w/market pricing - Purchase of paper products, straws, etc. to be used for serving. - Acquisition of a Health Department Permit.

July 12, 2021 page 22 Town of Hamburg Support

- Keys for entry/lock up of concession areas - Cooking/refrigeration appliances currently in place - Maintenance/replacement of said appliances as required - Electric, gas and water utilities

Optional Items Open to Proposal

A. Takeover of the Town’s Skate Rental Operation. If a financial agreement were to take place the Town would : a. Allow concessionaire use of Skate Rental Room. b. Allow concessionaire use of the Town’s complete inventory of rental ice skates and helmets.

If a financial agreement were to take place the Vendor would be required to:

a. Be open during all scheduled public skates. b. Keep skates sharpened throughout the ice arena season. c. Charge a reasonable rate that would need Town Board approval for any increase. d. Pay the Town a pre-determined agreed upon rental fee. Minimum bid to start at $8,000.00

Form of Proposal

Two (2) copies of your proposal are to be submitted. Proposals are to be concise and specific, directed toward describing your firm’s: 1. Proposed Snack Bar menu with pricing 2. Related experience, qualifications and capabilities in providing a service of this nature 3. Qualified available management staff to oversee the operation 4. Commitment to set up and begin service within the listed time frame (to begin as soon as winning proposal is approved by the Town Board) 5. Specific plans to address all operator responsibilities on previous page 6. Proposed seasonal rental fee for the Pro Shop/Snack Bar operations to be paid to the Town of Hamburg. Total winning proposal will be made in two payments (December 15th and March 15th) July 12, 2021 page 23 7. *Proposed seasonal rental fee for the skate rental operations to be paid to the Town of Hamburg. Payment schedule same as specified in item 6. 8. If there are any suggested optional items which the potential operator feels would be beneficial and appropriate to include in the scope of work, they should be presented as part of the proposal. 9. The names, addresses and phone numbers of at least three (3) client references for similar type of projects performed by the firm, preferably in the Western New York area, are also to be furnished.

Evaluation Procedure

Proposals are to be received by the Town Clerk (S6100 South Park Ave. , Hamburg, NY 14075) by no later than 11:00 A.M. on Monday, August 16, 2021. Late submittals will not be accepted and will be returned unopened.

Request for Further Information

All questions and inquiries should be directed to:

Curt Herrmann Town of Hamburg Recreation Department 4540 Southwestern Blvd. Hamburg, NY 14075 Phone: 716-646-5145

Thank you for your time and effort in reviewing and responding to this request for proposal.

Respectfully submitted,

Martin Denecke Director of Recreation

July 12, 2021 page 24 Form of Proposal and Checklist

Two (2) copies of your proposal are to be submitted. Proposals are to be concise and specific, directed toward describing your firm’s:

 Proposed Snack Bar menu with pricing (attach)  Related experience, qualifications and capabilities in providing a service of this nature (attach)  Qualified available management staff to oversee the operation (attach)  Commitment to set up and begin service within the listed time frame (to begin as soon as winning proposal is approved by the Town Board). Initial______ Proposed seasonal rental fee for the Pro Shop/Snack Bar operations to be paid to the Town of Hamburg. Total amount of winning proposal will be made in two payments (December 15th and March 15th) Amount $______ *Proposed seasonal rental fee for the skate rental operation to be paid to the Town of Hamburg. Payment schedule same as specified in item 6. Amount $______ If there are any suggested optional items which the potential operator feels would be beneficial and appropriate to include in the scope of work, they should be presented as part of the proposal. (attach)  The names, addresses and phone numbers of at least three (3) client references for similar types of projects performed by the firm, preferably in the Western New York area, are also to be furnished. (attach)  I have read and understand all specifications listed in this RFP and am prepared to fulfill all obligations and standards listed within.

______Signature Date

*Optional

July 12, 2021 page 25 Memo To: Town Board Members From: Jennifer Robertson Date: 6/21/21 Re: Infrastructure Upgrade

Hello,

On 6/20/20, a resolution was passed to purchase Thin Clients as the computer hardware replacements throughout the Town. However, as a result of new NYS mandates on police, the need to work from home due to COVID-19 and the uncertainty of new technological needs within departments, it was determined that the Thin Clients were no longer the best solution. The Thin Clients were returned, and the Town was fully credited the cost of $55,930.50. The Technology Committee has agreed that the below proposed computer hardware replacements will not only satisfy the needs of the Town now but be able to accommodate evolving technology needs in the future.

Below are the specs for the proposed computer hardware replacements, in addition to new hardware replacements that are now necessary. If the majority of the cost can be covered under the American Rescue Plan Act (ARPA), it was thought that all necessary items be purchased under one project scope. Below is an explanation of each computer hardware spec breakdown:

The Technology Committee discussed and agreed that department heads, detective bureau positions and determined essential positions would have their current desktops replaced with the HP 440 laptop and HP thunderbolt docks, and all other employees would be set up with the HP ProDesk 600 (See those included in the list below). Additional HP ProDesk workstations and monitors were also included in the proposal to address the need to have specific training workstations at all Town facilities, which has been discussed with the Personnel Department.

While working with the Dispatch Department to upgrade their radio and recording equipment over the last few weeks, it has been determined that a new switch and server is necessary due to the age of the equipment and to provide redundancy.

It is also recommended that all keyboards and mice be replaced with a wireless set, as many employees have old peripherals.

July 12, 2021 page1 26

Time and money are of the essence in purchasing the proposed equipment. As of today, the lead time for most of the equipment is 12-19 weeks as a result of COVID. Pricing on some equipment is also projected to increase as early as July 1, 2021.

I have discussed the outstanding balance with the Director of Finance, however; a potential account number has not yet been provided.

I also wanted to provide an update on the IT asset disposal of the Town’s old technology equipment under the Erie County Bid, which brought in $1,345.40. As previously discussed, once the current workstations are replaced, the old equipment will also be disposed of, and all acquired revenue will be put toward the outstanding balance.

I have discussed the proposed project with Mr. Shaw and it is on the agenda to discuss at tonight’s work session.

List of Department Heads: • Assessing - Dan Stanford • Building and Grounds - Pat Ryan • Building Inspection - Roger Gibson • Community Development - Chris Hull • Court - Brigid Lavelle • Domestic Violence - Jennifer Kosmowski • Engineering - Tom Lardo • Finance - Sam Tarczynski • Highway - Ted Casey • IT - Jennifer Robertson • Legal - Walter Rooth III • Legal - Mark Walling • Personnel - Amanda Lyle • Police - Kevin Trask • Dispatch - Sean Crotty • Recreation - Marty Denecke • Town Clerk - Cathy Rybczynski

List of Employees in Detective Bureau: • Tim Colling • Jeffrey Bullard • Tim Crawford • William Stowell • Robert Paas • Howie Widman • Jon Wright • Additional Staff

Other Essential Employees: • IT - Jason Bock

July 12, 2021 page2 27

______

Computer Hardware Spec Break down:

Workstations:

HP ProDesk 600 Desktop ($695.36) - For General Employee • Intel I5 processor • 8GB RAM • 256GB NVMe SSD • W10 Pro 64 • 2 x Dual-Mode DisplayPort 1.4 (DP++) • Added VGA in Flex Port 1 • 1 x Type-C® SuperSpeed USB 10Gbps, 2 x Type-A SuperSpeed USB 10Gbps, 1 x Type-A SuperSpeed USB 5Gbps signaling rate port, 1 x Type-A SuperSpeed USB 5Gbps signaling rate port (charge support up to 5V/1.5A), 1 x Type-A SuperSpeed USB 5Gbps signaling rate port (Supporting wake from S4/S5 with keyboard/mouse connected and enabled in BIOS), 1 x Type-A SuperSpeed USB 10Gbps signaling rate port (Supporting wake from S4/S5 with keyboard/mouse connected and enabled in BIOS), • 3YR Parts/3YR Labor/3YR Onsite - Included

TOTAL Units: 150 + 5 spares = 155 COST: $107,780.80

______

HP ProBook 440 Laptops ($1,092.90 w/ 3 YR warranty) - For Department Heads and Detective Bureau • Intel I5 processor • 8GB RAM • 256GB NVMe SSD • W10 Pro 64 • 720P Webcam • SuperSpeed USB Type-C, 3 x SuperSpeed USB Type-A 5Gbps, HDMI • 1YR Parts/1YR Labor/No Onsite Also Included as extra: • Thunderbolt Dock - supports up to 2 additional displays • Front: 1 USB-C™ port with data and power out (15W); 1 USB-C™ cable to connect to host system (0.7 meter cable length) • Side: 1 powered USB 3.0 port; 1 combo Audio Jack; 1 Kensington lock slot; • Back: 1 Thunderbolt™ port; 1 USB-C™ DisplayPort™ data and power out (15W) port; 2 DisplayPort™ ports; 1 VGA port; 2 USB 3.0 ports; 1 RJ45 port; 1 AC Adapter connector • Uplift Warranty to 3YR Parts/3YR Labor/3YR Onsite ($61.44) - OPTIONAL - *This was included in the above cost*

FOR DETECTIVES ONLY:

July 12, 2021 page3 28

• External CD Burner ( Approx. $23.99 * 8 = $191.92 ) • External DVD Drive, USB 3.0 Portable CD/DVD +/-RW Drive/DVD Player for Laptop CD ROM Burner

• Mobile Hotspot Options for field work (Not calculated into total project cost as this would be a continuous monthly cost) • MIFI - $100 for device - $38.01 a month/p device • Wireless LAN - allows for connection to LTE • Hotspot from cellphone

TOTAL Units: 25 + 2 spares = 27 External CD Burner Units - Detectives: 8 COST: $29,700.22.30

______

HP CTO Z2 Tower G5 Workstation ($1,342.23)- For Dispatch Department

• HP CTO Z2 Tower G5 Workstation • Intel Core i7 10700 2.9GHz 2933MHz 16M 8C 65W CPU • 32GB (2x16GB) DDR4 3200 UDIMM NECC • NVIDIA Quadro P400 2GB -3mDP GFX • 1TB 7200RPM SATA 3.5in WKS

TOTAL Units: 12 + 1 spare = 13 COST: $17,448.99

______

HPE ProLiant DL360 Gen10 Server ($6,506.37) - For Dispatch 911 Call Recording

• DL360 GEN10 4208 1P 16G NC 8SFFSYST SVR • 16GB 2RX8 PC4-2933Y-R SMART KITMEM • DL360 GEN10 XEON-S 4208 KIT CHIP • 1.2TB SAS 10K SFF SC DS HDD INT • Statement of Work o $3,465.00

TOTAL Units: 1 COST: $6,506.37 SOW: $3,465.00 TOTAL COST: $9,971.37 ______

July 12, 2021 page4 29

Extreme X440 G2 ($3,045.89) - Redundant switch for Dispatch Radios **Price increase as of 7/1/21**

• X440-G2-24p-10GE4 • EW NBD AHR - 16533 COTERM: This Term: 1825 Days • XIQ Pilot SaaS EW SaaS Support

TOTAL Units: 1 COST: $3,045.89

______

HP Z Workstations (GIS Desktops) ($1,660.96) - Engineering Department • Intel Xeon W-1250 / 3.3 GHz (4.7 GHz) (6-core) • 16GB RAM • 256GB NVMe SSD • W10 Pro 64 • Quadro P620 / UHD Graphics P630 • 4 x USB 3.1 Gen 1 (2 front, 2 rear) ¦ 1 x headphones/microphone (1 in front) (CTIA and OMTP headset support) ¦ 1 x LAN (Gigabit Ethernet) ¦ 2 x DisplayPort ¦ 4 x USB 3.1 Gen 2 (2 front, 2 rear) ¦ 2 x USB 2.0 ¦ 1 x audio line-out ¦ 1 x USB-C 3.1 Gen 2 (1 in front) (charging) ¦ 4 x Mini DisplayPort • Additional 4TB HDD • 2 x Mini DisplayPort (M) to DisplayPort (F)

TOTAL Units: 4 + 1 spares = 5 COST: $8,304.80 ______

Wireless Keyboard and Mouse Replacement ($28.71) - All Departments except Dispatch

• Desktops - Built into configuration • Laptops / Workstations -

TOTAL Units: 190 COST: $5,454.90

______

Additional Monitors: HP P22 G$ 21.5" ($144.17)

TOTAL Units: 35 COST:$5,045.95

______

July 12, 2021 page5 30

TOTAL PROJECT COST BREAKDOWN:

# of Equipment Department Units Price p/unit Total Cost

HP ProDesk 600 Desktop Town Wide 155 $695.36 $107,780.80 Dept. Heads and Det. HP ProBook 440 Laptop Bureau 27 $1,092.90 $29,508.30 External CD Burner Det. Bureau 8 $23.99 $191.92 HP CTO Z2 Tower G5 Workstation Dispatch 13 $1,342.23 $17,448.99 HPE ProLiant DL360 Gen10 Server Dispatch 1 $6,506.37 $6,506.37 HPE ProLiant DL360 Gen10 Server -SOW Dispatch $3,465.00 $3,465.00 Extreme Switch X440 G2 Dispatch 1 $3,045.89 $3,045.89 HP Z Workstations Engineering 5 $1,660.96 $8,304.80 Wireless Keyboard and Mouse Town Wide 190 $28.71 $5,454.90 Monitors Town Wide 35 $144.17 $5,045.95

COST $186,752.92 CREDIT $55,930.50 PO 4193943 $20,000.00 PO 4193944 $543.69 IT 2019 Roll Over of Funds $41,589.07 IT Asset Disposal Revenue $1,345.40 TOTAL COST $67,344.26

Please let me know if you have any questions.

Thank you, Jennie

July 12, 2021 page6 31

STATE ENVIRONMENTAL QUALITY REVIEW AMENDED FINDINGS STATEMENT – 7/12/21

HAMBURG BUSINESS PARK: REZONING AND DEVELOPMENT BAYVIEW ROAD AND SOUTHWESTERN BOULEVARD TOWN OF HAMBURG, ERIE COUNTY, NEW YORK

Pursuant to article 8 (state environmental quality review act - SEQR of the Environmental Conservation Law and 6 NYCRR Part 617, the Town of Hamburg as Lead Agency, makes the following findings:

NAME OF OVERALL ACTION Hamburg Business Park E/F Burke Company

NAME OF CURRENT ACTION Request to amend rezoning restriction of car washes - 2021

LOCATION The project location is in the Town of Hamburg, Erie County, New York. It is located on a vacant parcel bounded by Bayview Road to the north, South Park Avenue (US Route 62) to the south, and lands owned by the Frontier Central School District to the west.

DESCRIPTION OF OVERALL ACTION The E/F Burke Company has proposed developing a 28-acre parcel of land into a 5-parcel business center to be known as the Hamburg Business Park. In order for the project to be developed as proposed, the applicant is also requesting a change in zoning from C-1 (Local Retail Business District) to C-2 (General Commercial District).

The proposed development will contain an as yet undetermined mix of general commercial, retail and service businesses. A total of five parcels, ranging in size from 2 acres to 7.5 acres are proposed, along with a new public road between Southwestern Boulevard and Bayview Road to provide access. The development will also include associated infrastructure, including two detention ponds. As currently proposed, the full build-out of the Hamburg Business Park will consist of approximately 211,500 square feet of building space. Commitments have been obtained from tenants for two of these lots: a bank/credit union and a tractor supply store, totaling 6,500 square feet and approximately 50,000 square feet, respectively. It is anticipated that the three remaining lots will support an estimated total 155,000 square feet of space. Each of the proposed parcels will have adequate parking for the identified use.

In the absence of specific tenants or site plans, a Generic Environmental Impact Statement (GEIS) has been prepared on behalf of the Town of Hamburg, the objective of the GEIS is to determine and assess the potential impacts of developing the Hamburg Business Park, including the new public road, an unknown mix of general commercial/ retail and business services on the proposed five lots and associated infrastructure. It is further intended to

July 12, 2021 page 32 Page 1 of 11 establish appropriate mitigations for expected development and set thresholds for when additional evaluation must be undertaken to determine if additional mitigation is warranted.

PROJECT BEING PROPOSED JSEK is proposing a car wash.

ORIGINAL AGENCY JURISDICTION The Town of Hamburg Town Board, as the Lead Agency, has jurisdiction over the issuance of the requested rezoning (and any amendments to the rezoning).

CURRENT PROJECT JURISDICTION Project requires rezoning conditions amendment and site plan approval by the Hamburg Planning Board

DATE FINAL ENVIRONMENTAL IMPACT STATEMENT FILED The Final Generic Environmental Impact Statement was filed by the Town of Hamburg on May 8th, 2006.

FACTS AND CONCLUSIONS RELIED ON TO SUPPORT THE DECISION These Findings consider the relevant environmental impacts, facts and conclusions disclosed in the Draft Generis Environmental Impact Statement (DGEIS) and the Final Generis Environmental Impact Statement (FGEIS). The Findings weigh and balance relevant environmental impacts with social, economic and other considerations, and provide a rationale for the Town of Hamburg’s decision regarding environmental impacts associated with the proposed action. These findings also certify that the requirements of 6 NYCRR Part 617 have been met and certify that, consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action chosen is the one which avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions those mitigation measures that were identified as practicable.

Pursuant to SEQRA, the Town of Hamburg sought and received concurrence from other Involved Agencies for the Town of Hamburg to be the Lead Agency in the consideration of this proposed action. The Town issued a Positive Declaration on April 18, 2005, requiring preparation of a DGEIS. A public Scoping Meeting was held on May 2, 2005 at the Hamburg Town Hall. Substantive comments received during the public scoping session were included in the DGEIS. A DGEIS was completed and accepted by the Town on October 24, 2005. A public hearing was held on November 21, 2005, during the public comment period, which ran through December 5, 2005. Comments were received during the comment period from the Town of Hamburg; Erie County; the Chairman of the Town of Hamburg Planning Board; and the New York State Department of Transportation. Comments were summarized and responded to in the Final Generic Environmental Impact Statement (FGEIS), including the development of a revised Traffic Impact Study, dated February 23, 2006.

July 12, 2021 page 33 Page 2 of 11

The delay in the time period between the DGEIS completion and FGEIS completion was due to the applicant having to redo their traffic study per the NYSDOT.

FINDINGS AND CONCLUSIONS SUPPORTING THE DECISION

Impact on Land The proposed project will result in an unavoidable loss of pervious surface and vegetation. Development will be phased, and there could be negative impacts associated with incomplete development and construction impacts. Also, there is shallow shale bedrock on the site, and excavation may be necessary. There are also areas of poor soils (silty clays) which may need to be removed and replaced with fill.

Mitigative Measures: • Stormwater pollution prevention measures will be required (see impacts on water). • Each parcel must contain landscaping to mitigate for loss of vegetation (see aesthetic impacts). • The construction of the road will occur immediately, as part of Phase I, to help alleviate impacts on surrounding roads and neighboring uses. See also Construction Impacts. • A geotechnical evaluation will be required prior to the design and construction of each individual parcel to ensure adequate soils. • Excess soils or bedrock from any parcel will not be stored on any parcel within the business park after completion of construction on the parcel. Excess materials will be disposed of properly.

Original Findings: With the implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings: None

______

Impact on Water Development of the site will result in an increase in impervious area, which can have impacts on water quality. It will also result in an increase of demand for water and sewer capacity.

Mitigative Measures: • The project must conform to New York State Stormwater Pollution Prevention Regulations, and a Stormwater Pollution Prevention Plan (SWPPP) will be required for each parcel. Proper erosion control methods will be used during construction. • Individual site plans and stormwater plans will be subject to Town approval prior to construction. Detailed stormwater calculations will be required for each parcel.

July 12, 2021 page 34 Page 3 of 11

• If water or sewer demand figures attributable to the project increase beyond the levels used in the DGEIS and FGEIS, the Town may request additional information. • There are no wetlands on site, so no mitigative measures are required for wetlands. • Erie County Water Authority approval will be required for water service to the development. For each proposed development parcel, a hydraulic analysis will be required. No water line extension or service tap will be allowed unless acceptable service levels are maintained for all existing customers. Design of the water system will meet capacity needs for potable water and fire flow pressures.

Original Findings: With the implementation of the proposed mitigations, there will be no significant impact.

Amendment to the Findings: None (note that the water and sewer systems are now controlled by the County)

______

Impact on Aesthetic / Open Space Resources The proposed project will result in an unavoidable loss of open space. Also, it is in a prominent location in the Town that the Town has sought to protect through the enactment of the South Park Overlay District and the Southwestern Boulevard Overlay District.

Inappropriate development could have potential negative impacts on local aesthetic character.

Mitigation Measures • The development must conform to the regulations of the underlying zoning and with the regulations of the South Park Overlay District and the Southwestern Boulevard Overlay District in regard to aesthetics, including architectural style, landscaping, lighting fixtures and signage in order to provide for an improved and positive image for the area. • Each site is subject to individual site plan review, and the Town of Hamburg Planning Board will review each site plan to ensure compliance with these provisions, and any restrictions or requirements placed on the project by the Town Board on the rezoning of this property. • Landscaping plans must be prepared and certified by a NYS licensed landscape architect. • Appropriate architectural treatment will be required for the façade of any building that faces road frontage or is visible from a public roadway. The Tractor Supply building shall be in accordance with the rendering presented to the Town Board at their April 24, 2006 meeting. The development of the other parcel fronting Southwestern Blvd. will also have Town Board concurrence on the Architecture. • Signage for the business park will be located at the two entrances of the proposed new public road. No other pole signs (for individual businesses) will be allowed. Directional signage will be allowed at the proposed driveway between parcel 2 and 3

July 12, 2021 page 35 Page 4 of 11

on Southwestern Boulevard. • Outdoor storage areas are not allowed, unless the Town of Hamburg Planning Board, through site plan review, determines that such display, as proposed, are consistent with the provisions of the overlay district. Any allowed outdoor open storage space will be designed so as to be connected to the main building and appear to be a continuation of the main building. Extensive landscaping and/or fencing will be used to screen the contents of any allowed outdoor storage area from public roads. • As part of the site plan review process, the Town may require visual representation of proposed storage in order to assess its appropriateness. Outdoor display areas shall be limited in nature. For the Tractor Supply project, the plan should be in accordance with the site plan dated 4/26/06, and be approved by the Planning Board. For the other lot facing Southwestern Blvd., outdoor display areas are to be restricted from the frontage area and limited under site plan review to the areas directly abutting any proposed building. • The project will provide adequate screening between the developed areas and adjacent uses, including maintaining the existing vegetative buffer along the western edge of the parcel to screen the school from the proposed development. • Screening in other locations will be assessed as part of the site plan review process. Screening will be required around mechanical equipment (generators, air conditioning units, dumpsters, etc.) to mitigate visual and noise impacts.

Original Findings With the I implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings Needed: None

______

Construction Impacts There will be temporary impacts associated with the construction of the development, including noise, construction vehicle traffic, etc.

Mitigative Measures • The construction of the new public road through the site will occur immediately as part of Phase 1, to help alleviate impacts to surrounding roads. Construction of the roadway will also include installation of landscaping (trees, grass, etc.) to help establish a positive image for the business park. Applicant will be responsible for the maintenance of the landscaping. • No disturbance of any individual site will occur until a site plan has been approved for that site. Each site is subject to individual site plan review, including assessment of proposed landscaping. • Undeveloped properties within the business park will not be used to store excess construction materials or soil stockpiles (landscaped berms intended for noise or visual screening are not considered soil stockpiles). • Vegetative buffer between the Elementary School and Parcel 5 will be retained as a

July 12, 2021 page 36 Page 5 of 11

noise buffer. No disturbance or removal of vegetation will occur within 50-feet of the western property line. • All construction vehicles will be properly maintained and have sufficient muffler systems installed. • Wherever possible, stationary noise generating activities will occur as far from the school as possible. Only necessary equipment will be on-site. • Construction vehicles shall have variable or quieter backup alarm systems. • Construction vehicles shall not be idling when not in use.

Original Findings With the implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings Needed: None (Note that the road has been constructed)

______

Community Character Impacts Inappropriate development in this area could have negative impacts on the community character of the area.

Mitigative Measures • Although allowed under C-2 zoning, the following uses, which have the potential to adversely affect community character, will be prohibited at the Hamburg Business Park, as offered by the applicant: (These uses will be provided by Deed restrictions and by the Zoning Resolution.) • Boat and marine sales and service • Warehouses • Dairies and bottling of beverages • Wholesale sales and distribution • Commercial swimming pools • Theatres and drive-in theatres • Golf driving ranges and miniature golf • New or used motor vehicle sales • Terminals for trucking and delivery services • Laundry and dry-cleaning plants • Storage and sales of solid fuel • Filling stations, gasoline stations, automotive repair shops • Public garages. • Issues addressed under aesthetics will also help to mitigate any negative impacts to community character. These include maintenance of landscaping, maintenance of appropriate buffers between the development and adjacent uses, and adherence to the regulations of the two relevant overlay districts. • Under C-2 zoning, buildings of up to 100,000 square feet are allowed. Each parcel will be subject to site plan approval to assess the proposed development, its

July 12, 2021 page 37 Page 6 of 11

compatibility with the surrounding area, and its conformance with zoning requirements. All development must have adequate provisions for parking, stormwater management and landscaping. Any buildings over 100,000 square feet require a special use permit and may require a Supplemental Environmental Impact Statement. • This assessment is based on the premise that business park will consist of five parcels as shown in the DGEIS and FGEIS. If the subdivision of the business park Varies from the layout shown in Figure 3, the Town may require a Supplemental Environmental Impact Statement to assess impacts to community character.

Original Findings With the implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings Needed; commercial car washes have been removed from the list of prohibited uses. With the continued implementation of the other mitigations and increased sensitivity of the Planning Board to aesthetic impacts (landscaping, architectural design, building locations, and other treatments), there will be no significant impact.

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Traffic Impacts Potential traffic impacts were evaluated through a Traffic Impact Study (TIS) prepared by Nussbaumer & Clarke for the applicant. Due to concerns with the first TIS, a revised TIS was prepared, which is dated February 23, 2006. The TIS was reviewed by the New York State Department of Transportation, and certain recommended mitigation measures are identified below. Because this is a generic impact statement, where specific uses are not identified and actual phasing may vary, certain thresholds assessing the need for additional mitigative measures in the future have been established.

Mitigative Measures ° Southwestern Boulevard (US Route 30) at the proposed new public road: • A three-phase, fully actuated traffic control signal with pedestrian features will be installed at this intersection when warranted, which the TIS indicates will be upon the development of any second parcel within the park. • The developer or NYSDOT will be responsible for installing this traffic signal if it is warranted prior to the complete build-out of the Business Park. Installation will be subject to NYS DOT approval. DOT will assume ownership of the traffic signal and all maintenance responsibilities. • A stop sign will be installed by the developer to control traffic at this intersection until traffic volumes and/or traffic delays warrant the installation of the light. • The approach from the proposed new road to Southwestern Boulevard will have two exit lanes: a lane for vehicles turning right and a separate lane for vehicles turning left. ° Bayview Road (CR 575) at the proposed new public road: • A two-way stop-sign control will be installed by the applicant at this intersection

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• to control traffic exiting the development. • The approach from the proposed new road to Bayview Road will have two exit lanes: a lane for right-turning vehicles and another lane for left-turning vehicles. • A left-turn slot will be provided on Bayview Road to accommodate vehicles on Bayview turning left into the new roadway and separate them from through traffic on Bayview Road. The cost of this traffic improvement will be the responsibility of the applicant. • Upon completion of each phase of the business park and at full build-out, Erie County will examine the operation of this intersection to assess whether a traffic signal is warranted and whether or not the traffic projections in the TIS are accurate. The owner of the Business Park will provide updated traffic information for each phase. If a signal is warranted at this intersection, the next phase of development will not be allowed until the signal or other required improvements are installed at the costs of the owner or developer of the Business Park. ° Southwestern Boulevard (US Route 20) at the driveway between Parcels 2 and 3: • The driveway will be designed with channelizing techniques so as to prohibit • left-turns out of the driveway onto US Route 20, and allow only right-turns out of the drive. Turning movements into the drive will not be restricted. ° Southwestern Boulevard bus Route 20) at South Park Avenue (US Route 62) • The applicant will work with the NYS DOT to make revisions to signal timing and phasing to alleviate delays. ° South Park Avenue (US Route 62) at Bayview Road • This intersection is currently being improved under a NYSOOT contract. • If full build-out conditions meet the volume or delay warrants for a new traffic signal at this intersection, the developer will be responsible for installing the traffic signal. Otherwise the existing stop sign will remain in place to control traffic movements. • Installation by the developer, if warranted, must be coordinated with NYSDOT, who will assume ownership of the traffic signal and all maintenance responsibilities. ° South Park Avenue at Big Tree Road • No mitigation required at this intersection. ° Bayview Road at Berkeley Place • No mitigation proposed at this intersection.

Original Findings With the implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings Needed : None, all the mitigations are still required, and the allowance of a car wash will not impact these mitigations (and must be shown to meet these requirements)

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Noise Impacts Noise generated by the project will be based primarily on use. While any use will generate more noise impacts than the current, vacant parcel, the type of noise will depend on the amount of traffic generated and the nature of the activity occurring. The primary existing property to screen from potential noise impacts is the school property west of the parcel.

Mitigative Measures ° To mitigate potential noise impacts from the project, certain uses will not be permitted, as outlined above in the section on community character. These prohibited uses tend to have the potential to generate the greatest amount of noise. ° The placement of parking and the use of buffers and landscaping will help diminish the impact of noise. The existing vegetative buffer between parcel 5 and the school will be retained to help mitigate potential noise impacts. ° Site specific noise mitigation efforts will be addressed during individual site plan reviews. These efforts could include increased building setbacks, proper screening of noise generating equipment, such as generators or air conditioning units, proper location of loading and unloading areas, and additional” landscaping and/or soil berms to mitigate potential noise. ° Mitigation for the temporary impacts of construction generated noise is discussed above in the section on construction impacts.

Original Findings With the implementation of the proposed mitigations, there will be no significant impact.

Amendments to the Findings Needed: None; all mitigations are still required.

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UNAVOIDABLE AND IRREVERSIBLE IMPACTS The following adverse impacts may be unavoidable and irreversible:

1. Land disturbances (clearing, grading, construction, etc.) that result in the conversion of approximately 28 acres of currently vacant land to developed space. 2. The replacement of natural vegetation and open space with impervious surfaces in the form of buildings, parking and a road, with associated loss of potential wildlife habitat. 3. Increase in the levels of car and truck traffic in the vicinity of the project site, a change in roadway alignment and the alteration of existing traffic patterns. 4. Temporary increases in noise and air emissions associated with construction activities and increases in noise levels due to replacement of vacant land with a developed site. 5. Increase in the amount of developed space in the Town, and changes to existing land

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use patterns on the site.

THRESHOLDS As a Generic Environmental Impact Statement, these Findings must set forth specific conditions and/or criteria under which future actions (site development plans) will be approved. Conditions are set forth in the previous discussions for each impact.

Findings Statements may also establish thresholds where subsequent SEQR assessment or a Supplemental EIS may be necessary to evaluate specific site or project impacts that were not adequately addressed in the Generic EIS, either because of lack of project detail or due to project change. For the proposed Hamburg Business Park, there are two areas where thresholds have been established to assess if project changes may result in new potentially significant impacts warranting additional SEQR review.

Change in Use In the GEIS, the Hamburg Business Park is defined as construction of approximately 211,500 square feet of general commercial, retail and service businesses. Certain uses generally allowed under C-2 zoning are being prohibited in this location as part of the rezoning. However, the range of potential uses remains relatively flexible. If site plan applications are submitted for projects that differ significantly in use and size or scale from the uses and. scale described and evaluated in this GEIS, or if the property is subdivided in a configuration other than that shown in Figure 3 of the DGEIS, additional environmental assessment or a Supplemental EIS (SEIS) may be required. This determination cannot be made until specific site development applications are submitted to the Town.

Amendments to this Findings: In accordance with this “change in use” section, the Town has reviewed the proposed use (car wash) originally restricted, and has determined that this change does not warrant a SEIS, and that the environmental assessment has revealed no significant impacts.

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Traffic Cumulative trip generation estimates, and signal warrant analyses shall be provided as part of the site plan application for each individual site that is developed within the Hamburg Business Park. If traffic figures reach estimates that exceed the numbers provided within the Traffic Impact Study ("TIS") prepared by Nussbaumer & Clarke, Inc. for the proposed Hamburg Business Park, additional environmental assessment or a SEIS may be required.

Amendment to this Findings Needed: None, projects will still be required to submit traffic information and show conformance to the Traffic Study and thresholds.

CERTIFICATION OF FINDINGS TO APPROVE Having considered the Draft and Final Generic EIS, and having considered the preceding

July 12, 2021 page 41 Page 10 of 11 written facts and conclusions relied upon to meet the requirements of 6 N.Y.C.R.R. 617.11, this Statement of Findings certifies that:

1. The requirements of 6 N.Y.C.R.R. Part 617 have been met. 2. Consistent with the social, economic, and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental effects to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified practicable.

_Town of Hamburg Town Board____ Name of Agency

______Signature of Responsible Official Name of Responsible Official

______Title of Responsible Official Date

_S-6100 South Park Avenue, Hamburg, NY____ Address of Agency

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July 12, 2021 page 43 July 12, 2021 page 44 July 12, 2021 page 45 July 12, 2021 page 46 July 12, 2021 page 47 July 12, 2021 page 48 July 12, 2021 page 49 July 12, 2021 page 50 July 12, 2021 page 51 July 12, 2021 page 52 July 12, 2021 page 53 July 12, 2021 page 54 July 12, 2021 page 55 July 12, 2021 page 56 July 12, 2021 page 57 July 12, 2021 page 58 July 12, 2021 page 59 July 12, 2021 page 60 July 12, 2021 page 61 July 12, 2021 page 62 July 12, 2021 page 63 July 12, 2021 page 64 July 12, 2021 page 65 LETTER OF AGREEMENT & RETAINER

July 12, 2021

Supervisor James Shaw Town of Hamburg 6100 South Park Avenue Hamburg, New York 14075

Dear Supervisor Shaw:

The following constitutes our agreement for consulting services to be provided by Mr. Mark Melewski, Managing Director, EECG Consulting, LLC, Consultant, to and for Hamburg Town Board, Town of Hamburg, New York, Client. Consulting services provided by Consultant are identified as: Public Finance, Project Consultant (ARPA), and Advisory Services.

Consulting services will be performed on the following schedule:

Consultant agrees that, commencing with the effective date of this agreement terminating on 12/31/2024 or as hereinafter specified, he will, consistent with his other obligations, render to Client such consulting services as Client may request. The consulting services provided will include but are not limited to: public finance, budget and project advisory, compliance advisory, reporting, and preparation of supporting attachments and/ or documents. Consultant shall not be required at any time to render services that would conflict with any obligations of Consultant undertaken prior to the request for such services by Client.

Fees and expenses agreed upon and schedule for payments are as follows:

Compensation for the consulting services identified above will be paid to EECG Consulting, LLC by the Town of Hamburg:

‹ One (1) invoice will be issued by EECG Consulting, LLC to the Town of Hamburg on the 1 st of every month for consulting services

‹ Consulting services will be provided by EECG Consulting, LLC to the Town of Hamburg at a fee of $80 per hour

‹ Any consulting services requested by the Town of Hamburg outside of the scope of services identified in this agreement will be provided by EECG Consulting, LLC at a fee of $80 per hour , and the request for such services shall be made either by the Town Supervisor or pursuant to a resolution by the Hamburg Town Board

‹ Any and all purchases/ expenses for project related materials and/ or supplies approved by the Town of Hamburg will be submitted to the Town of Hamburg for Full Reimbursement

‹ All invoices shall include a brief description of the services rendered, the date upon which they were rendered, the amount of time expended in rendering those services, and such invoices shall be payable upon thirty (30) days of the invoice date

This agreement may be terminated by Client or Consultant at any time on thirty (30) days advance written notice.

This agreement represents the entire agreement between us and shall not be subject to any waiver,July modi 12,fication, 2021 page or 66 discharge except in writing signed by both of us. No representations or conditions are made by either party except

as expressly contained in this agreement. This agreement shall be interpreted in accordance with the laws of the State of New York.

Signatures:

X______Mark Melewski, Managing Director, EECG Consulting, LLC Date

X______James M. Shaw, Supervisor, Town of Hamburg, NY Date

2 EECG Consulting, LLC July 12, 2021 page 67