11/27/2017 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 27th

day of

November 2017.

2.

On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

RESOLVED, that the Town Board adjourned Executive Session at 7:10 pm and move into the

regular meeting.

ROLL CALL: Steven J. Walters Supervisor

Michael Quinn, Jr. Councilman

Thomas Best, Jr. Councilman

ALSO PRESENT: Catherine A. Rybczynski, Town Clerk; Walter L. Rooth, III, Town Attorney;

Joseph Collins, Deputy Town Attorney; Samantha Tarczynski, Director of Administration and Finance; Martin Denecke, Director of Youth, Recreation and Senior Services; Richard

Lardo, Principal Engineering Assistant; Gregory Wickett, Chief of Police; Christopher Hull,

Director of Community Development; Ted Casey, Traffic Safety Coordinator; Tom Best, Sr.,

Highway Superintendent; Kurt Allen, Supervising Code Enforcement Officer.

The Pledge of Allegiance was recited.

Information on location of Fire exits was provided.

11/27/2017 Town Board Meeting Hamburg, New York 2

3.

On a motion of Councilman Best, seconded by Councilman Quinn, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

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

11/13/2017 Work Session

11/13/2017 Town Board Meeting

4. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

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

Austin Wittmer 4065 Big Tree Road Hamburg, New York 14075

5. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

RESOLVED, that the Town Board approve the membership of the following into the Lake Shore Volunteer Fire Company, Inc.:

Chad Witkowski 2642 Hawthorne Avenue Hamburg, New York 14075

6.

On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution

was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

WHEREAS, The Town of Hamburg has previously adopted its Zoning Law which provides for

allowable uses in the various zoning districts of the Town of Hamburg as well as regulating

structures within the Town of Hamburg; and

WHEREAS, the Town of Hamburg has observed an increase in discussions and potential

applications for new Telecommunication’s Facilities (cell towers and micro-cells) within the

11/27/2017 Town Board Meeting Hamburg, New York 3

region and currently the Town of Hamburg has regulations adopted in 1996 that do not address

the changing technology related to these facilities, and

WHEREAS, the Town Board of the Town of Hamburg has determined that it is necessary to

update the Town’s Telecommunications Facilities Law; Article XLVII of the Zoning Code, and

WHEREAS, the Town Board believes that it is in the best interest of the Town of Hamburg to

impose a moratorium on the approval and construction of additional Telecommunications

Facilities within the Town of Hamburg pending the adoption of provisions to better regulate such

facilities; and

WHEREAS, the Town has introduced the following proposed Local Law, entitled “Amendment

to the Code of the Town of Hamburg Placing a Six Month Moratorium on Telecommunications

Facilities within the Town” and presented a copy to each member of the Board which reads as

follows:

A Local Law entitled "Amendment to the Code of the Town of Hamburg Placing a Six Month

Moratorium on Telecommunications Facilities within the Town".

Be in enacted by the Town Board of the Town of Hamburg as follows:

SECTION 1. TITLE

This Law shall be entitled "Amendment to the Code of the Town of Hamburg Placing a

Six Month Moratorium on Telecommunications Facilities within the Town".

SECTION 2. PURPOSE

The purpose of this local law is to amend the Code to place a six month moratorium on

the approval and construction of Telecommunications Facilities within the Town to allow time

for the completion of amendments to the Telecommunications Facilities law, Article XLVII of

the Town Zoning Code. This Amendment, among other things, will address the changing

technology such as micro-cells, where facilities can be located, height requirements, process and

procedures and other amendments as may be necessary to promote and preserve the health,

safety and welfare of the Town of Hamburg and its citizens.

SECTION 3. AMENDMENT OF PRIOR LAW

Chapter 280 of the Code of the Town of Hamburg is further amended as follows:

Chapter 280 is amended to add new §280-xxx which shall read as follows:

“For the period commencing on the effective date of this Local Law and for six months

thereafter, there shall be a moratorium on the approval and construction of Telecommunications

Facilities within the Town of Hamburg”

11/27/2017 Town Board Meeting Hamburg, New York 4

SECTION 4. SEVERABILITY

If any portion, subsection, sentence, clause, phrase or portion thereof this local law is for

any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion

shall be deemed a separate, distinct and independent provision, and such holding shall not effect

the validity of the remaining portion thereof.

SECTION 5. WHEN EFFECTIVE

This Local Law shall become effective immediately upon its filing in the office of the

Secretary of State.

SECTION 6. GRANDFATHER CLAUSE

Any applications received after November 27, 2017 shall be subject to this Moratorium;

and

WHEREAS, the Hamburg Town Board held a public hearing for this proposed Moratorium on

October 16, 2017.

NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board amends Local Law

#10 of the year 1986 of the Code of the Town of Hamburg Chapter 280 entitled “Zoning” to

provide for the revision of the Town Code as referenced above.

7.

On a motion of Councilman Best, seconded by Councilman Quinn, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED that the Town Board approve the request for Town Clerk’s Department

employee, Erika B. Rettig, to carry over eight (8) days of vacation into the 2018 calendar year.

11/27/2017 Town Board Meeting Hamburg, New York 5

8.

On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED, that the Town Board approve the termination and rehiring of personnel for

the Youth, Recreation, and Senior Services Department as follows:

Full time PT/Sea/temp Termination

# Emp # N or R Start date hourly rate hourly rate Date

1 4844 Aroune, Mary 11/13/2017

2 4841 Barry, Macayla 11/26/2017

3 4528 Colleran, Alexander 11/25/2017

4528 Colleran, Alexander R 11/26/17 $10.25

4 2926 DiOrio, Christine 11/28/2017

5 4821 Haberman, Heather 11/13/2017

6 4504 Houele, Adam 11/28/2017

7 4779 Hubert, John 11/28/2017

8 4679 Kuznicki, Thomas 11/28/2017

9 4725 Maurer, Madeline 11/28/2017

10 3744 Melewski, Mark 11/25/2017

3744 Melewski, Mark R 11/26/17 $10.50

11 4167 Mencer, Andrew 11/28/2017

12 Moscato,Eric N 11/28/17 $10.00

13 4793 Pope, Daniel 11/25/2017

4793 Pope, Daniel R 11/26/17 $9.70

14 4736 Reinagel, Brittany 11/28/2017

15 4795 Royce, Jason 11/25/2017

4795 Royce, Jason R 11/26/17 $13.00

16 3726 Scharlock, Matthew 11/28/2017

17 4261 Shea, Christine 11/28/2017

Employee Name

Rec Attd-A6772-P/T

Rec Attd-ER7251

Rec Attd-A7310

Rec Attd-A7310-P/T

Rec Attd-ER7251-P/T

Rec Attd-A7310-P/T

Rec Attd-A7310

Rec Attd-A7310-P/T

Rec Attd-ER7251

Rec Attd-A7310

Rec Attd-A7310-P/T

Rec Attd-A6772-Seas

Lifeguard-A7310

Rec Attd-ET7180-P/T

Rec Attd-ER7251

Rec Attd-A7310

Rec Attd-A7310

Rec Attd-A7310

Position

Rec Attd-A7310

Rec Attd-A7310

Rec Attd-A7310-P/T

18 3808 Steger, Amy 11/28/2017

19 4358 Volk, Charles 11/28/2017

20 4540 Voye, James 11/28/2017

21 4776 Weimer, Emily 11/28/2017

22 4062 Wicka, John 11/28/2017

23 Stanek, Kristen N 11/28/17 $10.00

Rec Attd-ER7251

Rec Attd-ER7251

Rec Attd-ER7251

Lifeguard-A7310

Rec Attd-ER7251

Rec Attd-A7310-P/T

11/27/2017 Town Board Meeting Hamburg, New York 6

9.

On a motion of Councilman Quinn, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

WHEREAS, on September 6, 2017 the following laborers and cleaner were removed from their

respective departments as a budgetary move

AND WHEREAS the reasoning for said moves has been completed

NOW THEREFORE BE IT RESOLVED that the following employees be returned to their

respective departments per the attached personal action form.

Brian Stewart

Michael Scinta

Deborah Deinzer

The following spoke concerning resolution #9:

Ted Casey, Councilman Best, Highway Superintendent Best, Councilman Quinn, Supervisor

Walters

10.

On a motion of Councilman Quinn, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED that the Town Board approve the request for Highway employee, Linda

Rogers to carry over five (5) days of vacation into the 2018 calendar year.

Full time PT/Sea/temp

# Emp # N or R Position Start date hrly rate hrly rate Term date

4352 R LABORER/DB5110.100 11/27/2017

4352 R LABORER/A7140.100 11/27/2017 $25.95

4537 SCINTA, MICHAEL R LABORER/TFT/DB5110.100 $23.06 11/27/2017

4537 SCINTA, MICHAEL R LABORER/F/T/DB5110.100 11/27/2017 $23.06

4537 SCINTA, MICHAEL R LABORER/F/T/DB5110.100 $23.06 11/28/2017

4537 SCINTA, MICHAEL R LABORER/A7140.100 11/28/2017 $23.06

4076 DEINZER, DEBORAH R CLEANER/A5010.100 $21.07 11/27/2017

4076 DEINZER, DEBORAH R CLEANER/A7140.100 11/27/2018 $21.07

STEWART, BRIAN

STEWART, BRIAN

Emp Name

11/27/2017 Town Board Meeting Hamburg, New York 7

11.

On a motion of Councilman Quinn, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED, that the Town Board authorize the Highway Department to purchase one

(1) new 2017 Ford F350 with plow on New York State Concession total price of $47,974.34 (see

attached invoice).

Monies are available in account #H265130.201.

11/27/2017 Town Board Meeting Hamburg, New York 8

11/27/2017 Town Board Meeting Hamburg, New York 9

12.

On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution

was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED, the Hamburg Town Board authorize the creation of a Central Advertising

Revenue Account in the General Fund, to be managed by the Department of Youth, Recreation

and Senior Services. This account would be set up to accept funds collected from vendors who

pay to advertise at our facilities. Examples include but are not limited to signage, print or digital

ads on dasher boards, walls, fencing, flyers, brochures or social media. Existing funds would be

transferred to the newly created Central Revenue Account. Funds in the account and future

proceeds will be used for the following

1. Promoting, publicizing and advertising Youth, Recreation and Senior Services programs,

services, events and facility operations.

2. Youth, Recreation and Senior Services facility enhancements.

3. Emergency maintenance when no other funds are available.

Expending Advertising Revenue Account funds will be handled at the discretion of the Director

of Youth, Recreation and Senior Services within the parameters set forth earlier in this

resolution.

13.

On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

BE IT RESOLVED the Hamburg Town Board approve the travel request for Nicole Dayka of

the Youth Bureau to attend the Substance Abuse and Mental Health Services Administration’s

Partnering for Prevention Conference. The four day event (2/4/18 – 2/7/18) will be held in

National Harbor, MD. Estimated costs for the conference include the following:

Conference Registration (Early Bird) $805

3 Nights Hotel @ $221 per night $663

Round Trip Flight $500

Food/Shuttle/Incidentals $332

Total $2,300

11/27/2017 Town Board Meeting Hamburg, New York 10

14.

On a motion of Councilman Quinn, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

WHEREAS, a resolution was adopted on July 18, 2016, authorizing the Town of Hamburg to

enter into an agreement with Sports Capital to prepare a feasibility study, demographic study and

building plans for a recreational facility, and

WHEREAS, the Hamburg Town Board desires to terminate this agreement,

NOW THEREFORE BE IT RESOLVED that the agreement between the Town of Hamburg

and Sports Capital is terminated effective immediately.

11/27/2017 Town Board Meeting Hamburg, New York 11

15.

On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows:

VOUCHER #'S

OPERATING FUND:

BATCH #

BATCH # 201 $46,549.07 92885-92912

BATCH # 202 $30,653.98 92913-92914

BATCH # 203 $28,844.84 92915-92971

BATCH # 204 $53,448.52 92972-73035

BATCH # 205 $3,000.00 93036-93040

BATCH # 206 $7,449.59 93041-93063

BATCH # 207 $14,717.62 93064-93090

BATCH # 208 $327.44 93091

BATCH # 209 $834.92 93093-93103

BATCH # 210 $598,010.30 93104-93202

BATCH # 211 $39,254.40 93203-93243

TOTAL OPERATING FUND DISBURSEMENTS: $823,090.68

TRUSTAGENCY

TOTAL TRUST & AGENCY DISBURSEMENTS:

$0.00

CAPITAL FUND DISBURSEMENTS:

$0.00

TOTAL CAPITAL FUND DISBURSEMENTS:

PAYROLL:

PR # P/R #23 $848,610.23

PR #

PR #

$848,610.23

TOTAL PAYROLL DISBURSEMENTS:

$0.00

TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT:

$1,671,700.91

TOWN BOARD AUDIT OF CASH DISBURSEMENTS - NOVEMBER 27, 2017

11/27/2017 Town Board Meeting Hamburg, New York 12

Reports from Town Board Members and Department Heads

Councilman Best, comments that he had the pleasure of attending the Parade in the Village put

on by the Hamburg Holidays Committee over the weekend. He adds there was a great turnout

and thanks the committee for the invitation. He adds that the Town of Hamburg Rejuvenation

Committee is hosting Christmas at the Cabin this upcoming Saturday, December 2, 2017 from 1

p.m. to 4 p.m. at the Taylor Road Cabin.

Catherine A. Rybczynski, Town Clerk, states that November 30, 2017 is the last day to collect

School Taxes and then the files will be turned over to Erie County to collect any delinquent

school taxes.

Martin Denecke, Director of Youth, Recreation and Senior Services, comments that the Western

New York Holiday Partnership and the Town are accepting applications from needy families and

distributions of toys will be December 20, 2017.

Gregory Wickett, Chief of Police, states that this Saturday, December 2, 2017 the Polar Plunge

will be held at Woodlawn Beach.

Business from the Floor

John McKendry, states that he spoke with Mike Quinn, Engineering Consultant, and he believes

the train horns in the Quiet Zones will stop blowing within the next ten days.

Supervisor Walters adds the next Board Meeting will be pushed back to December 18, 2017 due

to the fact that two members of the Board are unavailable on December 11th

.

11/27/2017 Town Board Meeting Hamburg, New York 13

16.

On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution

was

ADOPTED Ayes 3 Walters, Best, Quinn

Noes 0

RESOLVED, that the Town Board adjourn at 7:34 PM

____________________________________

Catherine A. Rybczynski, R.M.C.

Town Clerk