Minutes of Feb 25th, 2008 Hamburg Town Council Meeting.

http://www.townofhamburgny.com/pdfs/022508AG.pdf 

02/25/2008 Town Board Meeting Hamburg, New York Page 1 of 14

Agenda

Catherine A. Rybczynski, Town Clerk

Town Board of the Town of Hamburg

February 25, 2008

7:00 p.m.

-Public Hearing for the increase and improvement of facilities of the Mount Vernon Sewer

District.

-Public Hearing for the adoption of an amendment to said Zoning Code for property located at

5334 Southwestern Blvd.

-Public Hearing for the adoption of an amendment to said Zoning Code for property located at

4255 McKinley Pkwy (Seven Corners)

1. Roll Call

2. Pledge of Allegiance

3. Fire Exit Information

4. Adoption of Minutes

5. Presentation of Prefiled Resolutions by the Town Board

6. Reports or Request from Town Board Members

7. Business from the floor

8. Meeting adjourned by the Supervisor

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TOWN BOARD MEMBERS

PRESENT

Steven J. Walters Supervisor

Thomas M. Best, Sr. Councilman

Joan A. Kesner Councilwoman

Thomas Quatroche, Jr. Councilman

Kevin Smardz Councilman

OTHERS PRESENT: Catherine A. Rybczynski, Town Clerk;

Mary Dosch, Sr. Account Clerk; Kenneth J. Farrell, Town Attorney;

7:00 p.m. Public Hearing for the increase and improvement of facilities of the Mount Vernon

Sewer District.

EXTRACT OF MINUTES

Meeting of the Town Board of the

Town of Hamburg, in the County of Erie, New York

February 25, 2008

A regular meeting of the Town Board of the Town of Hamburg, in the County of

Erie, New York, was held at the Town Hall, S-6100 South Park Avenue, Hamburg, New York,

on February 25, 2008.

There were present: Hon. Steven J. Walters, Supervisor; and

Board Members: Thomas M. Best, Sr.; Joan A. Kesner; Kevin

Smardz and Thomas J. Quatroche, Jr.

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There were absent:

Also present: Catherine A. Rybczynski, Town Clerk and Kenneth

J. Farrell, Esq., Town Attorney

* * *

The Supervisor stated that a public hearing had been called for this meeting at the

Town Hall, S-6100 South Park Avenue, Hamburg, New York, at 7:00 o’clock P.M. (Prevailing

Time) to consider the increase and improvement of facilities of the Mount Vernon Sewer

District, consisting of (i) removal and replacement of approximately 2,502 linear feet of sanitary

sewer on Lake Shore Road (NYS Route 5), and connection to approximately 119 linear feet of

new sanitary sewer installed by the NYSDOT over Berricks’s Creek in conjunction with the

NYS Route 5 Bridge Replacement Project; and (ii) removal and replacement of approximately

298 linear feet of sanitary sewer on Clifton Parkway North (west side); all of the foregoing to

include any equipment, furnishings, machinery or apparatus, and any ancillary or related work

required in connection therewith; and to hear all persons interested in the subject thereof

concerning the same and for such other action on the part of the Town Board with relation

thereto as may be required by law. The Town Clerk presented affidavits showing that the Notice

of said public hearing had been duly published and posted pursuant to the provisions of Article

12 of the Town Law.

The Supervisor stated that the hearing in the said matter was now open and asked

if there were any interested persons present who desired to be heard. The following persons

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appeared in favor of such increase and improvement of facilities of said District:

The following persons appeared in opposition to such increase and improvement

of facilities:

The Supervisor inquired as to whether there were any other persons present who

wished to be heard. No one appeared, whereupon the Supervisor declared the public hearing

closed.

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CERTIFICATE

I, CATHERINE A. RYBCZYNSKI, Town Clerk of the Town of Hamburg, in the

County of Erie, State of New York, HEREBY CERTIFY that the foregoing annexed extract from

the minutes of a meeting of the Town Board of said Town of Hamburg duly called and held on

February 25, 2008, has been compared by me with the original minutes as officially recorded in

my office in the Minute Book of said Town Board and is a true, complete and correct copy

thereof and of the whole of said original minutes so far as the same relate to the subject matters

referred to in said extract.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the

corporate seal of said Town of Hamburg this 25th

day of February, 2008.

(SEAL)

Catherine A. Rybczynski, Town Clerk

Town of Hamburg

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7:00 p.m. Public Hearing for the adoption of an amendment to said Zoning Code for property

located at 5334 Southwestern Blvd.

LEGAL NOTICE

TOWN OF HAMBURG

PLEASE TAKE NOTICE that there has been presented to the Town Board on January

28, 2008, pursuant to the Municipal Home Rule Law, a proposed local law to be known as

proposed local law #3, 2008; said local law provides for the amendment of Local Law #10, 1986,

Chapter 280-entitled Zoning, and provides substantially as follows:

For the adoption of an amendment to said Zoning Code for property located at 5334

Southwestern Boulevard. The property is to be rezoned from R-3 (Multi Family District) to C-2

(General Commercial District) described as follows:

Parcel “A”

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamburg, County

of Erie and State of New York, being part of Lot No. 21, Township 9, Range 8 of the Holland

Land Company’s Survey and described as follows:

Beginning at a point in the northwesterly line of the Southwestern Boulevard distant

199.71 feet easterly from its intersection with the west line of Lot No. 21, Township 9, Range 8;

running thence northerly parallel with the west line of Lot No. 21, 216.64 feet to the southerly

line of lands deeded to Victor L. Dobay by deed recorded in the Erie County Clerk’s Office in

Liber 2797 of Deeds page 271; thence easterly along the southerly line of said lands 283.05 feet

to the northwesterly line of the Southwestern Boulevard; thence southwesterly along the

northwesterly line of the Southwestern Boulevard 359.23 feet to the place of beginning.

Parcel “B”

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamburg, County

of Erie and State of New York, being part of Lot No. 21, Township 9, Range 8 of the Holland

Land Company’s Survey and described as follows:

Beginning at a point of intersection of the northwesterly line of Southwestern Boulevard

with the west line of Lot No. 21; running thence northerly along the westerly line of Lot No. 21,

337.08 feet to the southerly line of lands deeded to Victor L. Dobay by deed recorded in the Erie

County Clerk’s Office in Liber 2797 of Deeds page 271; thence easterly along the southerly line

of said lands 157.36 feet; thence southerly on a line parallel to the westerly line of Lot No. 21,

216.64 feet to the northwesterly line of Southwestern Boulevard; thence southwesterly

along the northwesterly line of Southwestern Boulevard, 199.71 feet to the point or place of

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beginning.

Excepting therefrom those lands appropriated by the People of the State of New York by

Notice of Appropriation dated August 5, 2004 and recorded in the Erie County Clerk’s Office on

August 23, 2004 in Liber 11081 of Deeds at page 5979.

THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule

Law, the Town Board of the Town of Hamburg will hold a public hearing on February 25, 2008

at 7:00 p.m. (local time), at which time all interested persons may be heard.

Dated: January 28, 2008 Catherine Rybczynski

Town Clerk

Town of Hamburg

7:00 p.m. Public Hearing for an amendment to said Zoning Code for property located at 4255

McKinley Pkwy.

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LEGAL NOTICE

TOWN OF HAMBURG

PLEASE TAKE NOTICE that there has been presented to the Town Board on January

28, 2008, pursuant to the Municipal Home Rule Law, a proposed local law to be known as

proposed local law #4, 2008; said local law provides for the amendment of Local Law #10,

1986, Chapter 280-Zoning and provides substantially as follows:

For the adoption of an amendment to said Zoning Code for property located at 4255

McKinley Parkway (Seven Corners) The property is to be rezoned from C-1 (Local Retail

Business District) to C-2 (General Commercial District) and is further described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamburg, County

of Erie and State of New York, being part of Lot 47, Township 9, Range 7 of the Holland Land

Company’s Survey and being more particularly bounded and described as follows:

Commencing at the intersection of the southerly right-of-way line of Big Tree Road (66

feet wide R.O.W) With the easterly right-of-way line of McKinley Parkway (120 feet wide

R.O.W.); thence S 79 degrees 13′ 21″ E, along the southerly right-of-way line of Big Tree Road,

a distance of 359.86 feet to the point of beginning; thence S 79 degrees 13′ 21″ E, along the

aforementioned southerly right-of-way line of Big Tree Road, a distance of 247.51 feet to and

angle point; thence S 78 degrees, 48′ 00″ E, along the aforementioned southerly right-of-way line

of Big Tree Road, a distance of 539.31 feet to a point; thence S 11 degrees 12″ 00″ W, a distance

of 450.00 feet; thence N 78 degrees, 48′ 00″ N, a distance of 25.00 feet to a point; thence S 11

degrees 12″ 00″ W, a distance of 364.00 feet to a point; thence N 78 degrees 48′ 00″ W, a

distance of 510.94 feet to an angle point; thence N 79 degrees, 13′ 21″ W, a distance of 45.73

feet to a point on the easterly right-of-way line of McKinley Parkway (120 feet wide R.O.W.);

thence N 01 degrees 41′ 06″ E, along the aforementioned easterly right-of-way line of McKinley

Parkway, a distance of 541.97 feet to a point; thence S 79 degrees, 13′ 21″ E, a distance of

315.03 feet to a point; thence N 10 degrees 46′ 39″ E, a distance of 280.10 feet to the point of

beginning.

Tax Identifier Ma[ Parcel Number: A portion of 160.19-2-1.2

THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule

Law, the Town Board of the Town of Hamburg will hold a public hearing on February 25, 2008

at 7:00 p.m. (local time), at which time all interested persons may be heard.

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Dated: January 28, 2008

Catherine Rybczynski

Town Clerk

Town of Hamburg

1.

RESOLVED, that the Town Board approve the minutes of the following meetings:

February 11, 2008 Town Board Meeting

Moved: Quatroche

2.

WHEREAS, the ongoing New York State Department of Transportation (NYSDOT) Route 20

Southwestern Blvd. highway improvement work requires that New York State Electric & Gas

(NYSEG) remove eight (8) existing street lights along the portion of Route 20 between South

Park Avenue and the Buffalo Southern Railroad bridge, and due to the NYSDOT project, the

replacement street lights in this area will need to be installed further away from the road at an

additional charge;

THEREFORE BE IT RESOLVED that the Town Board authorizes NYSEG to reinstall eight

(8) lights on new wood poles with 22 feet long brackets, at a total annual increased cost to the

Town of Hamburg in the amount of $1,176.96, in accordance with the terms and conditions of

the current NYSEG street light tariff agreement.

BE IT FURTHER RESOLVED, that the Town Clerk is requested to provide two (2) certified

copies of this resolution to the Engineering Department, for transmittal to NYSEG.

Moved: Best

3.

BE IT RESOLVED, that the Town Board approve the Out-of-Town travel request for Garry

Nelson and Sean Fanning to travel to Amherst, New York on March 6, 2008 to attend the New

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York State Turfgrass Association Western Regional conference. A Town vehicle will be used.

Cost is $130.00. Funds available in ER.7250.413 and A.7140-413.

Moved: Best

4.

RESOLVED, that the Town Board approve the hiring of one (1) in the Recreation Department

as follows:

1. Brocki, Jessica Rec. Att’d P/T 2/19/08 $7.43

Moved: Quatroche

5.

WHEREAS, the Town of Hamburg Code Review Committee has researched, developed and

recommended amendments to the Code of the Town of Hamburg,

WHEREAS, the Town Board wishes to begin the adoption process of the following draft laws:

-Town of Hamburg Zoning Law Amendment: Zoning Board of Appeals Article XLV

-Town of Hamburg Fairgrounds Zoning District – add to Chapter 280, regarding the Erie County

Fairgrounds

NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board schedules the Public

Hearing on the proposed amendments to the Code of the Town of Hamburg for March 10, 2008

at 7:00 p.m. local time.

BE IT FURTHER RESOLVED, that copies of the proposed local laws are made available at

the Town Clerk’s Office, the Planning Department and on the Town’s web site.

Moved: Best

6.

WHEREAS, on February 19, 2008 at 11:00 a.m., there was a bid opening for the 2008 and 2009

Rubbish and Dumpster Pickup for the Town of Hamburg,

WHEREAS, only one (1) bid was received from Waste Management,

THEREFORE BE IT RESOLVED, that the Town Board authorize the Town Clerk to open

this bid which will be reviewed by the Highway Superintendent and the Town Board.

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Moved: Best

7.

RESOLVED, the Town Board grant permission for the Police Department to employ Jena

Squelch, a student from Hilbert College, to do Internship in the Police Department, at no cost to

the Town.

RESOLVED, the Town Board grant permission for Officers Joseph Kleinfelder and Dennis

Horrigan to attend “ The Impact of War” seminar to be held March 5-6, 2008 in Buffalo, New

York.

Cost of Registration: $150.00 ea. = $300.00

(Inc. Lunch & Reception)

Use of an Unmarked Police vehicle is requested for transportation.

Money is available in account B3120.492.

Moved: Walters

8.

WHEREAS, the Town Board on 12/17/07 approved a resolution authorizing National Grid

to install one 250 watt high pressure sodium flood light and one wood pole in the vicinity of

the basketball court area of the Hamburg Town Park parking lot, at an estimated increased

cost of $260 per year; and

WHEREAS, the Building and Grounds Superintendent has since requested that a different type

light fixture be used,

THEREFORE BE IT RESOLVED, that the Town Board hereby rescinds its 12/17/07

resolution for additional lighting at the Town Park, and instead approves the installation

of one 400 watt metal halide flood light and wood pole in the vicinity of the basketball court.

National Grid has estimated that this will result in an increased billing to the Town of Hamburg

of approximately $315 per year for street lighting.

BE IT FURTHER RESOLVED, that the Town Clerk is requested to provide two (2) certified

copies of this resolution to the Engineering Department for transmittal to National Grid.

Moved: Best

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9.

BE IT RESOLVED, that the Town Engineer’s report on the completion and acceptance of the

WELLINGTON WOODS SUBDIVISION street light installation work performed under Public

Improvement Permit No. 891 be received and accepted, and that the Supervisor is authorized to

sign the report.

BE IT FURTHER RESOLVED, that the Town Board authorize National Grid to connect eight

(8) 70-watt high pressure sodium luminaries in accordance with the existing rate tariff, and

BE IT FURTHER RESOLVED, that two certified copies of this resolution be provided to the

Engineering Department for transmittal to National Grid, and that this resolution becomes

effective on the day the report is signed by the Supervisor.

Moved: Best

10.

WHEREAS, the Town of Hamburg received a request from New Berkley Square III, LLC to

amend the Berkley Square PUD (this requires a rezoning) to allow for the construction of single

family homes in an area originally intended for commercial development. The land in question

is located on the north and south sides of Tisbury Lane, adjacent to Regents Park, and

WHEREAS, the Code Review Committee reviewed the application and found merit in the

rezoning of this property;

NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board hereby refers this

rezoning request to the Planning Board for its review and recommendation.

Moved: Smardz

11.

WHEREAS, following review of a request from the Traffic Safety Advisory Board for

improved street lighting at the intersection of Milestrip Road with South Park Avenue,

the Town Engineer has recommended that two additional street lights are warranted at

these locations,

THEREFORE BE IT RESOLVED, that the Town Board authorizes New York State

Electric and Gas (NYSEG) to install two poles and 250 watt high pressure sodium fixtures

with brackets at both the northeast and southwest corners of Milestrip Road and South Park

Avenue. NYSEG has estimated that this will result in an increased billing to the Town of

Hamburg of $519 per year for street lighting costs (not including energy). The installation

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of these street lights is conditional upon NYSEG receiving a permit from the New York State

Dept. of Transportation for the poles to be installed within the State highway right-of-way at

these locations.

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 NYSEG.

Moved: Best

12.

RESOLVED, the Town Board approve the hiring of three (3) and termination of four (4) in the

Town Clerk’s Department as follows:

1. Mantino, Barbara Clerk, P/T 02/14/08 $10.84

2. Demarco, Hazel Clerk, P/T 01/01/08 $12.80 Terminate

3. Reilly, Michael Clerk, P/T Seas. 02/21/08 $ 9.34 Terminate

4. Kellerman, Sharon Clerk, P/T Seas. 02/21/08 $11.29 Terminate

5. Kellerman, Sharon Clerk, P/T 02/22/08 $11.29

6. Catanzaro, Beverly Clerk, P/T Seas. 02/21/08 $ 9.34 Terminate

7. Catanzaro, Beverly Clerk, P/T 02/22/08 $ 9.34

Moved: Quatroche

13.

RESOLVED, the Town Board proclaim Saturday, February 16, 2008 to be New York State

Department Commander William Burnett Day in the Town of Hamburg.

Moved: Walters

14.

Request resolution authorizing permission for 3 Recreation Department staff members to attend

the New York State Recreation and Parks Society Conference and Business Expo. The program

is scheduled for March 30th - April 2nd, 2008 in Saratoga Springs, New York. Associated cost

include the following:

3 early bird registrations($263)= $ 789.00

Triple room(3 nights) with most meals included= 567.00

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Incidentals (tolls, gas, meals CEUS) 144.00

Total $1,500.00

Funds are available in account A7020.492

Moved: Quatroche

15.

BE IT RESOLVED, that the Town Clerk is authorized to advertise for bids on the purchase of

one (1) New and Unused 2008 Ford Explorer to have shared use between Town of Hamburg

Emergency Services and Town of Hamburg Police Department.

Bids are scheduled to be opened on March 10, 2008 at 11:15 a.m.

Moved: Walters