RESOLVED, that the Town Board adjourn Executive Session at 7:03 p.m. and open the regular meeting.

Transcription

1 02/28/2011 Town Board Meeting Hamburg, New York 1 A regular Town Board meeting of the Town of Hamburg, County of Erie and State of New York was held at the Town Hall, 6100 South Park Avenue, Hamburg, New York on the 28th day of February On a motion of Supervisor Walters, seconded by Councilman Gorman, the following RESOLVED, that the Town Board adjourn Executive Session at 7:03 p.m. and open the regular meeting. ROLL CALL: Steven J. Walters Supervisor Joseph A. Collins Councilman Jonathan Gorman Councilman Amy J. Ziegler Councilwoman ALSO PRESENT: Catherine Rybczynski, Town Clerk; Kenneth Farrell, Town Attorney; Gerard Kapsiak, Town Engineer; Mary Dosch, Sr. Account Clerk; Kurt Allen, Supervising Code Enforcement Officer; Tom Best, Sr, Highway Superintendent; Martin Denecke, Director of Recreation; Sarah desjardin, Planning Consultant; Robert Hutchison, Town Assessor; Jerry Giglio, Traffic Safety Coordinator; Peter Resczka, Planning Board Chairman; Assistant Chief Conlon; Brian Doyle, Assistant Town Attorney The Pledge of Allegiance was recited. Information on location of Fire exits was provided. 1. On a motion of Councilman Gorman, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the minutes of the following meetings: 02/14/2011 Work Session 02/14/2011 Town Board Meeting

2 02/28/2011 Town Board Meeting Hamburg, New York 2 2. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approve the termination of personnel for the Building and Grounds Department as follows: 1. Roland, Cynthia Cleaner 01/29/2011 Terminate 3. On a motion of Councilman Gorman, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approve the hiring and termination of personnel for the Town Clerk s Office as follows: 1. Braun, Sharon Tax Clerk P/T Seasonal 02/19/2011 Terminate 2. Coffey, Molly Clerk P/T Seasonal 02/19/2011 Terminate 3. Coffey, Molly Clerk P/T 02/22/2011 $ Morford, Rosina Clerk P/T Seasonal 02/19/2011 Terminate 5. Morford, Rosina Clerk P/T 02/22/2011 $ On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approves the hiring and termination of personnel for the Youth, Recreation Senior Services Department as follows: 1. Preischel, Marie Rec. Attendant Seasonal 02/28/2011 Terminate (A ) 2. Preischel, Marie Rec. Attendant P/T 03/01/2011 $ Boswell, James Van Driver P/T 02/28/2011 Terminate (A6772) 4. Boswell, James Van Driver Seasonal 03/01/2011 $ Dash, William Van Driver P/T 02/28/2011 Terminate (A6772)

3 02/28/2011 Town Board Meeting Hamburg, New York 3 5. On a motion of Supervisor Walters, seconded by Councilman Collins, the following BE IT RESOLVED that the request to rezone certain parcels on Cloverbank Road be removed from the table. 6. On a motion of Supervisor Walters, seconded by Councilman Gorman, the following WHEREAS, the Town of Hamburg received a request from Edu-kids to rezone three vacant parcels on Cloverbank Road from R-2 to N-C (Neighborhood Commercial) in order to construct a new child care facility; and WHEREAS, on February 14, 2011 the Hamburg Town Board held the required public hearing and received comments from the public; and WHEREAS, the Hamburg Town Board, in accordance with the State Environmental Quality Review Act (SEQRA) has determined that the proposed rezoning will not adversely affect the natural resources of the State and/or the health, safety and welfare of the public and is consistent with social and economic considerations. NOW, THEREFORE, BE IT RESOLVED, that the Town of Hamburg Town Board hereby determines that the proposed rezoning is not anticipated to result in any significant adverse environmental impact and that a Negative Declaration is hereby issued.

4 02/28/2011 Town Board Meeting Hamburg, New York 4 7. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following WHEREAS, the Town of Hamburg received a request from EduKids, Inc. to rezone three vacant parcels on Cloverbank Road just east of Lakeshore Road from R-2 to NC (Neighborhood Commercial); and WHEREAS, the Code Review Committee reviewed the application and found merit in the rezoning of this property; and WHEREAS, the Hamburg Town Board referred this request to the Planning Board on December 13, 2010; and WHEREAS, on January 19, 2011 the Hamburg Planning Board issued a positive recommendation to the Town Board regarding this request; and WHEREAS, the Hamburg Town Board held the required public hearing on this proposed rezoning on February 14, 2011; and WHEREAS, the Hamburg Town Board has determined that the proposed rezoning will not result in any significant negative effect on the environment and has issued a Negative Declaration; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hamburg hereby rezones the lands identified as SBL # , SBL # and SBL # from R-2 to N-C with the following condition: Nautical elements should be incorporated into the architecture of the building, as well as in any signage and landscaping. The applicant shall also work with the Planning Board to provide the appropriate screening between the playground and adjoining residential property. BE IT FURTHER RESOLVED that the Zoning Code of the Town of Hamburg be amended as follows: To amend Local Law #10 of the year 1986 of the Code of the Town of Hamburg Chapter 280 entitled Zoning to provide for a change in the boundary of the Zoning Map whereby the Zoning is changed from R-2 (Single Family Residence Attached District) to N-C (Neighborhood Commercial General Residence District) for the properties identified as SBL # , SBL # and SBL #

5 02/28/2011 Town Board Meeting Hamburg, New York 5 8. On a motion of Supervisor Walters, seconded by Councilman Collins, the following RESOLVED, that the Town Board approve the membership of the following into the Lake Shore Volunteer Fire Company Inc.: David Loft 3986 Summerway Lane Hamburg, New York On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following WHEREAS, Sealed bids were received on February 24, 2011 for One (1) new and unused Ford Fusion SE sedan for the Town Code Enforcement Department, with the results as follows: Bidders Name Base Bid Amount Alt. Bid Amount Delacy Ford, Inc. $13, $14, Basil Ford, Inc. $14, Don s Ford, Inc. $15, NOW THEREFORE BE IT RESOLVED, that the Town Board accept the low bid submitted by Delacy Ford, Inc. (having satisfied all the required specifications) in the amount of $14, for the purchase of said vehicle. Funds are available in Account A The following spoke concerning resolution No. 9: Betty Newell, Councilman Collins, Kurt Allen

6 02/28/2011 Town Board Meeting Hamburg, New York On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 1 Gorman RESOLVED, that the Town Board approve the hiring of personnel for the Buildings and Grounds Department as follows: 1. Dash, William Asst. Deputy Superintendent 01/31/2011 $10.97 Of Buildings and Grounds 2. Pawlowski, Raymond Working Crew Chief 02/10/2011 $27.15 Woodlawn State Park The following spoke confirming that resolution No. 10. is a temporary appointment: Councilman Collins, Councilwoman Ziegler 11. On a motion of Councilwoman Ziegler, seconded by Councilman Gorman, the following RESOLVED, that the Town Board approve the hiring of personnel for the Buildings and Grounds Department as follows: 1. Sheffield, Natalie Cleaner, Seasonal 03/01/2011 $9.92 per hour Steve Strnad questions if the people being hired are Hamburg residents. Councilwoman Ziegler responds they all live in Hamburg. Ferd Garcia questions if they are new positions. Supervisor Walters responds they are filling vacant positions. 12. On a motion of Supervisor Walters, with a unanimous second, the following proclamation was

7 02/28/2011 Town Board Meeting Hamburg, New York 7

8 02/28/2011 Town Board Meeting Hamburg, New York On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the Audit of Cash as follows: TOWN BOARD February 28, 2011 AUDIT OF CASH DISBURSEMENTS OPERATING FUND: VOUCHER #'S BATCH #17 $615, BATCH #18 $152, BATCH #19 $14, BATCH #20 $1, BATCH #21 $55, BATCH #22 $15, BATCH #23 $179, TOTAL OPERATING FUND DISBURSEMENTS: $435, TRUST & AGENCY: TOTAL TRUST & AGENCY DISBURSEMENTS: $0.00 CAPITAL FUND DISBURSEMENTS: BATCH #5 $21, BATCH #6 $ TOTAL CAPITAL FUND DISBURSEMENTS: $21, PAYROLL: PR #P/R #4 $576, TOTAL PAYROLL DISBURSEMENTS: $576, PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $1,033,895.83

9 02/28/2011 Town Board Meeting Hamburg, New York 9 Reports from Town Board Members and Department Heads Councilman Collins reports that Christopher Hull, Director of Community Development, was unable to make the meeting due to an illness in the family. He met with all the Departments he is liaison to and all committees he is assigned to, no problems to report. Councilman Gorman reports there will be a downsizing committee meeting the second Tuesday in March at 6:00 pm. Supervisor Walters reports the Bi-Centennial Committee met earlier today and they are moving forward with scheduling the events for next year. Hopefully within the next month or two they should have specific dates and specific events for the celebration in Catherine Rybczynski, Town Clerk, reports that $47 million has been collected in taxes and on the 15 th the Supervisor was given the $23 million which is the Town s portion of the warrant. The Town is paid in full. Ken Farrell, Town Attorney, reports the Town received a check for $73,521 which is a result of a review of the Workers Compensation claims with the third party administrator and also insurance consultants; Also credit to Mary Dosch in Finance and Paula Bucci in Personnel. Mary Dosch congratulates Ken Farrell on the good job that he did. Business from the Floor The following spoke concerning hiring employees that live in the Town of Hamburg: Steve Strnad, Supervisor Walters Supervisor Walters asks the Department Heads to submit an address for any future hires. Ferd Garcia comments that a put forth for hiring Hamburg residents only; did this pass as a law. Supervisor Walters comments that they had a proposed local law and there were some objections. They are reviewing the law again before it comes back before the public. Ferd Garcia states he would like to see it passed as law. Ted Casey states that he did research on Woodlawn Beach and it is listed as a tier one priority out of 347 Beaches in the New York State it is ranked the 8 th worst. It was closed over the past 5 years between 34 and 48% of the time. He questions if the fee schedule for the pavilion was different when the beach is closed.

10 02/28/2011 Town Board Meeting Hamburg, New York 10 Supervisor Walters responds that the rental fee schedule is available on the Town s website. Ted Casey comments when they were looking to put in the pool and waterpark, who is paying for that? Supervisor Walters comments that is not going in right now. They looked at it as potential things to do down the road. Ted Casey suggests that to make it more palatable to the residents, maybe they could look at making the Town Beach sticker for residents free access to Woodlawn Beach. Supervisor Walters comments that the State is giving the Town a piece of property that is worth 6-8 million dollars for free, that is an enhancement to the community. However, because they are doing that they told them they cannot give discounts to anyone, including Town residents. People want access to the waterfront they are hoping to make that happen. Councilman Gorman wants to clarify this is a lease, we do not own it. He would like to track this on a monthly basis. Councilman Collins comments that it is a lease, we do not have to pay for the lease but the property must be maintained by the Town. The total budgeted for that is $280,000 for a business that hasn t made a profit in a long time. Betty Newell, Hamburg Chamber of Commerce, comments that at their last Chamber Board meeting they voted to support the Town in their effort to proceed with the multiple business opportunities at the Woodlawn Beach. They would also encourage the Town Board to revisit the option of the Enterprise Funds which would protect the Town Taxpayers from Liability. She also encourages the many opportunities to bring tourism into the community. There is a nature walk there, there is a great facility that can be used for many activities, for example business meetings, children s events, showers, weddings, etc. The local restaurants are willing to cater and the property could be used all year round. Director Denecke has some great ideas and if they tried to be more positive about what Hamburg has to offer it would be a win- win not just for the Town but for the businesses in the area as well. Councilman Gorman clarifies that the Town taxpayers money is at risk either way, whether it is in an enterprise fund or not. Taxpayer money will go into the start up costs for this, if there is a shortfall it will be on the Town to fund the Beach. He would love it if the Beach were not polluted and open more often and if it were an asset to the Town. It is his job to raise these issues, if there was a track record of success he might reconsider. Betty responds it is time to move forward and write our own chapter.

11 02/28/2011 Town Board Meeting Hamburg, New York 11 Councilman Collins comments, as Board Members, they are spending taxpayers money on something that has no business plan. They have a fiduciary duty as the trustees and are in a ten year lease with the State. It will cost $300,000 the first year and will it increase if they put in a pool. Supervisor Walters questions if Recreational opportunities do not at least break even should they not be in the business of providing those opportunities? Councilman Collins responds that they are spending taxpayer money on a regional park. This did not go to the Recreational Advisory Board for their approval. They have a qualified committee that never got the chance to look at this. David Bellisimo comments that when the Hamburg Town Golf Course started out it was nine holes and went to eighteen holes and it was in an enterprise fund and no one ever questioned taxpayer dollars being spent on it even though it lost money and took a while to even out. It is an asset to the Town. Woodlawn Beach is not polluted until something happens to cause pollution (from surrounding creeks). It helps to have the Beach open and operational, the structure needs to be maintained or there will be crime in that area. They have an opportunity to serve the community, but as a businessman, it does take time to get over the hump. All the area businesses will benefit. The Town Board should revisit the enterprise fund. Dakota Wolf comments that she appreciates the questions and safeguarding taxpayer money, but she gets the impression that now they are committed to this. Therefore now is the time for everyone to pull together. They should do everything they can to make it a success. Councilman Collins comments they are doing a good job of marketing it. He is just concerned that at the end of the year there will be money coming out of peoples pockets and they will look to him and ask why. Michele Hoff comments that one of the issues is that they don t believe the park will be self sustaining and will cost the taxpayers dollars. Councilman Gorman responds that is correct. Michele then comments that a while ago they discussed the fitness center not being self sustaining and that was not a concern. It seems like a contradiction. Councilman Gorman responds that the fitness center was not shown to lose large amounts of money. His concern is that they signed a lease and with no marketing plan. Michele responds that it takes a while for a business to take off. Why is there so much opposition to trying to give it a go and see if it could eventually make Hamburg a lot of money? A lot of people in Hamburg want this to move forward.

12 02/28/2011 Town Board Meeting Hamburg, New York 12 Councilman Gorman responds there are different opinions on this. Supervisor Walters comments that there was never any dispute that the fitness center was in the red. Joe Kilian, United Council, comments that they requested a budget on the golf course for many years to see if it was making money and never received a response. The Fitness Center was put at the Town Park to try and make it self sustaining. He then comments on the fees for a bus at Woodlawn Beach. Supervisor Walters responds there are separate rates for busses and RV s. Councilman Collins comments his point on the Fitness Center was that they were going to close it because it was supposedly losing money and the public came out and it was discussed. Now they want to start another business, that has a lot of questions, that he feels should go to the taxpayers because it is a lot of money. Councilman Gorman comments that the Hamburg Beach is different because the Town already runs and maintains it and will continue to do so and it is used by a significant number of residents. The Fitness Center was created to be an additional facet of the Beach, to bring people in. It is a different scenario than Woodlawn. Ferd Garcia questions how mileage is submitted and regulated. Supervisor Walters responds it is submitted on voucher to the Finance Department. 14. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board adjourn at 7:50 p.m. Catherine A. Rybczynski, Town Clerk