Meeting No. 4. February 4, 2002 Town Board Meeting. S-6100 South Park Avenue Hamburg, N.Y Thomas Quatroche, Jr. Councilman

Transcription

1 Meeting No. 4 February 11, 2002 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, N.Y Supervisor Hoak calls the meeting to order at 7:00 p.m. Roll Call: Patrick H. Hoak Supervisor D. Mark Cavalcoli Councilman Kathleen C. Hochul Councilwoman Joan A. Kesner Councilwoman Thomas Quatroche, Jr. Councilman Also Present: Barbara S. Allen Deputy Town Clerk Richard Boehm Deputy Town Attorney James Spute Finance Director Gerard Kapsiak Town Engineer Fred Kingsbury Real Property Appraiser Tim Regan Community Development Assistant Joseph Coggins Police Chief Drew Reilly Planning Consultant Marty Denecke Director of Recreation Kurt Allen Supervising Building Inspector The Pledge of Allegiance was recited. Information on Fire Exits was provided. I. RESOLVED, that the Town Board approve the minutes from the following meetings: January 28, 2002 February 4, 2002 Town Board Meeting Work Session Seconded: Kesner II. RESOLVED, that the Town Board approve the membership of the following into the Newton Abbott Fire Company, Inc: Chad Yerkovich 304 Hillside Orchard Park, N.Y Moved: Kesner III. BE IT RESOLVED, that the Town Board authorize the Supervisor to sign a Maintenance

2 Agreement with Copies, Inc., covering the Engineering Department s Minolta 2030 CS/Pro office copier for the period of one year (3/3/02 through 3/2/03), at a fee of $ This agreement is based on 12,000 copies per year, with overage billable at 1.8 per copy. Funding for this was appropriated in the 2002 budget for the Engineering Department, under Account No A Seconded: Hochul IV. RESOLVED, that the Town Board authorize the Finance Department to increase Appropriation A Tax-Computer Equipment in the amount of $2, through the A599 Appropriated Fund Balance. These funds are unexpended STAR monies. Moved: Hoak Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche V. BE IT RESOLVED, that proposed Local Law #7 of 2001, concerning the rezoning of property located at 3398 Big Tree Road from C-2 to N-C, for the construction of a duplex, be removed from the table. Seconded: Hochul VI. WHEREAS, in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act, SEQRA) of the Environmental Conservation Law, the Hamburg Town Board has reviewed the application submitted by Kevin Saxton for the rezoning of property at 3398 Big Tree Road from C-2 (General Commercial) to N-C (Neighborhood Commercial), and WHEREAS, the Hamburg Town Board and Planning Board during their review found no apparent significant environmental concerns, and WHEREAS, this 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. THEREFORE BE IT RESOLVED, that the Town of Hamburg has determined that the proposed rezoning and subsequent development of a duplex are not anticipated to result in any significant effect on the environment, and that a Negative declaration (Notice of Determination of Non-Significance) is hereby issued. BE IT FURTHER RESOLVED, that the Supervisor be authorized to sign the Environmental Assessment Form. Councilman Cavalcoli comments that they held a public hearing on the following rezoning two weeks ago and they had discussion with a presentation from Mr. Reilly who gave reasons why the Planning Board was recommending this. That the Code Review Committee had looked at this and found that it was well in keeping with the Master Plan and what they intend to do in the

3 Lake Shore and waterfront area. Also based on the fact that there was no public opposition he will move the following resolution. VII. WHEREAS, the Town of Hamburg has received a petition from Kevin Saxon, for the rezoning of property located at 3398 Big Tree Road from C-2 (General Commercial) to N-C (Neighborhood Commercial), and WHEREAS, the Planning Board has reviewed the project and recommended its approval to the Town Board, and WHEREAS, the Town Board has held the appropriate Public Hearing (at which time no opposition to the rezoning were voiced) and has determined that the project will not have a significant effect on the environment and issued a Negative Declaration under the State Environmental Review Act, and WHEREAS, the Town wishes to approve the proposed rezoning for the following reasons: 1. It is in accordance with the Comprehensive Plan and the LWRP which call for this area to be a mixed use area in support of the waterfront. 2. The area is a mix of small commercial uses and residential uses. 3. The higher zoning category of C-2 for this area is not suitable for an area of small businesses and residences. 4. The N-C category allows small businesses compatible with residential, and allows residential uses. 5. The Planning Department and Planning Board recommend this rezoning (see supporting memo s); NOW THEREFORE BE IT RESOLVED, that the Zoning Code of the Town of Hamburg be amended as follows: To amend Local Law #10 of the year 1986 (Chapter 29) of the code of the Town of Hamburg entitled Zoning. To provide for a change in the boundaries of the Zoning Map whereby the zoning is changed from C-2 (General Commercial) to N-C (Neighborhood Commercial) for the property located at 3398 Big Tree Road as 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 24, Township 9, Range 8 of the Holland Land Company s Survey, more particularly described as follows: Beginning at a point in the north line of Big Tree Road feet west of the intersection of the north line of Big Tree Road and the west line of Myrtle Avenue; running thence northeasterly to a point in the southwest line of lands conveyed to Joseph Foster by deed recorded in Erie County Clerk s Office in Liber 327 of Deeds, Page 420, said point being located distant feet north of the intersection of the southwest line of said Foster s land and the west line of Myrtle Avenue; thence southerly along the southwest line of said Foster s land feet; thence southwesterly feet to a point in the north line of Big Tree Road feet east of the point of beginning; thence westerly along the north line of Big Tree Road feet to the point or place of beginning. And 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 24, Township 9, Range 8 of the Holland Land Company s Survey, more particularly described as follows:

4 Beginning at a point in the north line of Big Tree Road feet west of the intersection of the north line of Big Tree Road and the west line of Myrtle Avenue; running thence northeasterly to a point in the southwest line of lands conveyed to Joseph Foster by deed recorded in Erie County Clerk s Office in Liber 327 of Deeds, Page 420, said point being located distant feet north of the intersection of the southwest line of said Foster s land and the west line of Myrtle Avenue, running thence northerly along the southwest line of said Foster s land feet to a point; running thence southeasterly feet to a point in the north line of Big Tree Road, said point being located feet west of the intersection of the north line of Big Tree Road and the west line of Myrtle Avenue; running thence easterly along the north line of Big Tree Road 35 feet to the point or place of beginning. Councilwoman Hochul comments that she did have some questions on this after it appeared in the newspaper. There was some confusion that they are making this denser and more commercial than it was. She did explain that this was an improvement and is a lessening of density with only small businesses mixed with residential. She also recommends that they proceed on rezoning the remaining area and take the necessary steps to do this. Councilman Cavalcoli comments that he has already given direction to Mr. Crandall, Planning Board Chairman, to bring this up as a special review process to begin looking at that area. VIII. RESOLVED, that the Town Board approve the following as Trustee s for the Scranton Volunteer Fire Company, Inc. Service Award Program, effective January 1, 2002: (1) Greg Sobilo (2) Steve Bogold (3) Dave McKnight (4) Bill Valtin Moved: Kesner Mr. Kapsiak comments that this is something that has been before them for a while, it involves 161 feet length of Cambria Street and 352 feet length of Yale Avenue that is within the area that is being constructed as part of the parking lot and detention pond for the West Herr facility. Mr. Reilly comments that the plan that was presented for the rezoning is the plan that is being constructed. He met with the residents and the plan was acceptable to them. They established a larger buffer and made them improve the trees.

5 Councilwoman Hochul questions if they abandon this does it come under their name. Mr. Boehm comments that we just keep the utility easements, the rest is in their name. XI. RESOLVED, that the Town Board grant permission for the Building and Grounds Department to advertise for four (4) 2002 or newer Commercial Mid Frame (Z) Trak Mowers. Funds are available in A Moved: Quatroche Seconded: Hochul

6 XII. WHEREAS, the Town of Hamburg has previously entered into an agreement with Building Controls & Services, Inc. (BCS) of Tonawanda, New York for the performance of a Comprehensive Energy Audit of Town-owned facilities in accordance with requirements of the New York State Energy Research and Development Authority; and WHEREAS, BCS has completed the Comprehensive Energy Audit and submitted a report to the Town recommending various improvements to Town-owned facilities which are guaranteed by BCS to result in energy cost savings to the Town of at least $66,956 per year, which totals $1,004,340 over the 15 year guarantee period associated with this project. These savings will more than offset the annual and overall total costs associated with undertaking the improvements; and WHEREAS, BCS has prepared a proposed Energy Based Performance Contract Agreement which has been reviewed and approved by the Deputy Town Attorney, Buildings and Grounds Superintendent, Town Engineer, and Malcolm Pirnie, Inc., all of whom have recommended that the contract be awarded to BCS. THEREFORE BE IT RESOLVED, that the Town of Hamburg enter into the Energy Based Performance Contract Agreement with BCS for the design and implementation of the recommended energy improvements at a total cost of $953,277, and that the Supervisor is authorized to sign the agreement in this regard, dated February 1, Roll Call: Ayes: Noes: Seconded: Councilman Cavalcoli comments that this has been a long process which was initiated and worked on by Mr. Kapsiak and Mr. Connolly. He asks them to comment. Mr. Kapsiak comments that this involves about 20 different Town buildings that will receive energy saving improvements, such as changes in lighting, insulation, energy efficient motors at the ice arena, boiler replacements, window replacements, insulation of direct digital control for instrumentation systems, more efficient street lighting and also more efficient traffic signal lighting. In the resolution there is over 1 million dollars in energy savings projected and even if they don t realize those energy savings they are guaranteed by BCS that they would have to reimburse us for the additional costs. However, they have assured them that since they have been in business they have never had to do that and feel confident that the savings will be realized which will be a positive cash flow over the 15 year period that they discussed. He then introduces the project manager from BCS who is in the audience and available for comment. Councilwoman Hochul comments that he mentioned street lights, is that in the vicinity of Town Hall or Town wide. Mr. Kapsiak comments that it is town wide street lights within the NYSEG service area because Niagara Mohawk has already undertaken an improvement of their own. Based on all projections there will be an overall savings in the street lighting districts. Mr. Connolly comments that he would like to add that Mr. Kapsiak was the leader on this and brought it to the Town Board and they worked together on it. It is a tremendous win win situation for the Town. Mr. Kapsiak just described the major aspects of this. It will definitely result in a reduction of costs as guaranteed. Another great part of this project is that our buildings will be upgraded. Town Hall is over 50 years old and the windows, lights and boilers haven t been changed. If you think about your own personal dwellings after about 25 years these things need to be replaced. This will allow the Town to make those needed replacements with the savings that they will get from energy. Bob Reynolds, 4301 Rushford Dr., questions are we spending $953,000 this year or over the next 15 years. Mr. Kapsiak responds that with the schedule BCS gave them the improvements will be complete at the end of this year. The $953,000 will be spent within the year, but the costs will be bonded over a 15 year period so that the annual costs to the Town are spread out over that period. Mr. Reynolds questions how they will keep track of the energy savings over the next 15 years. Mr. Kapsiak responds that the energy savings will be realized as soon as the work is done, which will be around $66,000 per year. This will be more than the cost we will be expending each year to pay for the bonded services. Mr. Connolly comments that one of the things that he forgot to mention is that we received a rebate from the utility company and we are able to make use of those funds in this project. So while we will be doing $950,000 worth of work, $200,000 of that we won t have to finance. We

7 will take the money from the rebate, which was from street lighting billing errors, and they will apply that to upgrading the street lighting. Ferd Garcia, Columbia Ave., questions if the $953,000 includes the cost of the devices. Mr. Kapsiak comments that this includes all of the equipment needed. Matt Reynolds, Holiday Lane, comments that when you put these two numbers together you are only saving about $50,000. Then questions if it would have been cheaper to just build a new Town Hall in the long run. Supervisor Hoak responds that they will probably spend 3 to 4 million dollars over the next few years to finish this job, but will have the same building when they are done. However, this is taking us into a situation where we will be energy efficient. We were hit hard last year with rising energy costs that were in excess of 10, 20 or 30% increases which exceeded our budget for Over the next 15 years this will pay itself off and if it doesn t they will be reimbursed. Supervisor Hoak then repeats that we have the $250,000 in the street lighting account that can only be spent on street lighting improvements, which they will be doing under this contract. So, in essence, the total savings is increased by this amount. Councilwoman Hochul comments that no one is excited about spending one million dollars on energy improvements to fix up a building that no one in the public will ever see or be able to take advantage of. The sad point is, as Matt pointed out, they are stuck with this building for our lifetime and improvements must be made. We would rather put the money into bike paths or ball diamonds, but these are essential things. We can t lose on this. We have to spend the money anyhow, but if we don t save money we are going to get paid back. Councilman Cavalcoli comments that we should also recognize that this is not just a local savings. There is a global savings as well. If other communities as well as the Town of Hamburg employ this it would be a commitment to save energy for the world. This is our small part. Because of this initiative, communities throughout the State through NYSERDA will be saving energy. Mr. Connolly responds that through NYSERDA their mission is to encourage communities to do just what Councilman Cavalcoli described and they are giving us $36,000 in addition upon the start of this project. Supervisor Hoak thanks Mr. Kapsiak and Mr. Connolly for all the work they put into this. XIIIa. BE IT RESOLVED, that proposed local law #6, 2001, be removed from the table and adopted as follows: Chapter 185 of the Code of the Town of Hamburg entitled Parking Code, Particularly Section 185-1, thereof, shall be amended by adding the following location to be known as paragraph 27 (27) South Creek Road 7,640 linear feet ± from South Creek Road Bridge over 18-Mile Creek South and West to dead end of South Creek Road Moved: Hochul Seconded: Kesner XIII. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, that the Buildings and Grounds Department upon the recommendation of the Traffic Safety Advisory Board (TSAB) and in accordance with the NEW YORK STATE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (NYSMUTCD), Section that the Buildings and Grounds Department is directed to install and maintain a P1-16 sign (30" x 36") with the legend: NO PARKING ANYTIME ON THIS ROAD - TOWN OF HAMBURG on the north side of the entrance to the dead end portion of South Creek Road, at the intersection with South Creek Road and at various locations throughout the length of the road in accordance with NYSMUTCD, Section

8 BE IT FURTHER RESOLVED, that existing P1-1 NO PARKING ANYTIME signs on this portion of roadway, be removed upon installation of the above signs. Moved: Hochul XIV. RESOLVED, that the Town Board grant permission for the Building and Grounds Department to advertise for one New and Unused 4 Door Sedan. Funds are available in A Moved: Quatroche Seconded: Hochul XV. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, (TSAB) and in accordance with the NEW YORK STATE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (NYSMUTCD), Section 211.3, that the Buildings and Grounds Department is directed to install and maintain the appropriate R1-1 STOP signs at the following locations: (1) on the north side of Chatham Drive at the intersection with Tisbury Lane (2) on the north side of Stockton Lane at the intersection with Tisbury Lane (3) on the north side of Middleham Park at the intersection with Tisbury Lane (4) on the north side of Country Club Lane at the intersection with Country Club Lane (5) on the north side of Bridlewood Lane at the intersection with Abel Road Moved: Hochul Seconded: Kesner XVI. RESOLVED, that the Town Board authorize the Recreation Department to advertise bids for Athletic Equipment, Arts & Crafts and Clothing. Bids are to be opened at 2:00 p.m. on March 15, Moved: Quatroche Seconded: Cavalcoli XVII. RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: OPERATING FUND: BATCH #14b $1,000, BATCH #15 $ 500, BATCH #16 $ 158, BATCH #17 $1,468, TOTAL OPERATING FUND DISBURSEMENTS: $3,126, TRUST & AGENCY:

9 TOTAL TRUST & AGENCY DISBURSEMENTS: $ 0.00 CAPITAL FUND DISBURSEMENTS: BATCH #7 $ 628, BATCH #8 $ 25, unprocessed TOTAL CAPITAL FUND DISBURSEMENTS: $ 653, PAYROLL: TOTAL PAYROLL DISBURSEMENTS: $ 0.00 PETTY CASH: $ TOTAL PETTY CASH DISBURSEMENTS: $ TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT:$3,780, Moved: Hoak Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Correspondence Letter #16 - Supervisor Hoak comments that the Southtowns Haz-Mat Team is looking for alternate sites from their present location. Councilwoman Hochul comments that she and Mr. Spute are honorary members of this and she would like to set up a meeting with them to sit down and take a hard look at some other locations. They were hoping to keep them at this location because it is adjacent to the 179 and major arteries, but they have been sustaining major flood damage in that area. It is time to take a look at providing them with another site. She will report back on this. Reports from Town Board Members and Department Heads Councilman Cavalcoli comments on the announcement of the Village of Blasdell to have a coordinated study with Erie County on joining the Southtowns Sewer Treatment Facility. The Town Board has been working with the Village of Blasdell for a long time now trying to bring this about realizing that many of the Town residents are also part of the Village sewer treatment facility. He wants to give his commendations to the Village for moving in this direction. At this time he asks Mr. Kapsiak and Mr. George Lee, Deputy Mayor Village of Blasdell, to comment on this. Mr. Lee responds that this would happen eventually with Mr. Giambra talking about consolidation and so this was a good time to move on this. If it does finalize it will be good for Hamburg. For one thing, Woodlawn Beach will be open more. Councilman Cavalcoli thanks him for all his efforts in this direction. Mr. Kapsiak comments that they have been working with the County s consultant on providing background information on the various Town sewer districts as far as the number of connections, budgets and location of various pump stations. If this comes through with the foreseen result it should be beneficial for everyone. It is not only

10 looking at taking Blasdell and the Town Districts that are tributary to Blasdell, but also looking at running an interceptor along Rush Creek that would start along Southwestern Blvd. near the Thruway and run along Rush Creek and pick up the various Town areas like Highland Acres and the North Street area, which would eliminate the pump stations they have now. This would be a big operation and maintenance savings for the Town. Councilman Cavalcoli comments that it is both an economic savings and environmentally sound. They have been working with the DEC for some time now to try and correct some of the infiltration and overflow problems and Woodlawn Beach problems. Bob Reynolds asks how this affects Ford Motor Co. Councilman Cavalcoli comments that this will be a savings for Ford as well. Councilman Cavalcoli comments that he wants to commend Marty Denecke and the entire Recreation Department for a very successful Sno-Fest. Councilwoman Kesner reports that construction is beginning on the Domestic Violence office today. They should be opening in about a month and a half. Councilwoman Hochul reports that she has periodically received calls from residents who live near railroad bridges concerning their structural integrity. The one at Big Tree and Amsdell look like they are crumbling. She asked Mr. Kapsiak s office to get in touch with them to ask them to conduct some major maintenance and to make them look more secure. She received a letter back from Norfolk Southern stating that they inspect the bridges annually and there may be some surface deterioration but they are structurally sound. It is very frustrating. Mr. Kapsiak comments that at least they got a response from Norfolk Southern, they heard nothing from CSX. Regarding cellular towers, at the Planning Board meeting of February 20 th at 7:30 p.m. they will be meeting with representatives from Omnipoint. This concerns a deal that Omnipoint struck with the Thruway Authority to place cellular towers anywhere along the NYS Thruway system. They will be coming to exit 56 and they personally don t want this. However, due to Congressional Actions in 1996 they don t have anything to say about it. Mr. Reilly comments that they have changed names, they are Voicestream now. The advertisement will be under that name. Councilman Quatroche reports that there is an effort in both the Town and Villages to enter into cost saving measures and Supervisor Hoak has already shown his leadership in that regard. He would like to also commend the Village of Blasdell for looking into joining with the Southtowns Sewer Treatment Facility. He also wants to commend Marty Denecke and his staff on the Sno- Fest. Supervisor Hoak comments that the Recreation Department had a retirement dinner for Dick Tripp and it was one of the nicest he has had the privilege of attending. The crowd was huge and the presentation was very humorous. Kudos to the Department and to Dick for a job well done. Mr. Kapsiak comments on the Pleasant Avenue bridge over the Thruway. He just was notified by the County that this bridge will be kept open during construction on a one way basis with a traffic signal at each end. The contractor is proposing to start work in mid March and go until mid November. Business From the Floor Matt Reynolds, 180 Holiday Lane, comments that the Village of Hamburg has a municipal gas utility where currently, they do not maintain the infra-structure, but take care of the billing. There is some savings involved. He then comments that Tops, next door to Town Hall is considered Village, have they thought of going to the Village to see if maybe the gas utility could heat Town Hall seeing as how it is right next door. Supervisor Hoak comments that they should look into that. Mr. Kapsiak comments that his understanding is that it is for Village residents only and he is not sure they will be willing to extend it. George Lee, Deputy Major Village of Blasdell, wants the Town to know that at their next meeting they are going to pass a resolution to save Children s Hospital and they are in the process of having petitions signed. Sam Hoyt is in favor of this and they are going to use his petitions. If any Taxpayer Groups would like to help contact him. XVIII.

11 RESOLVED, that the Town Board adjourn to Executive Session at 7:55 p.m. with Finance and Engineering. Moved: Hoak Roll Call: Seconded: Kesner Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche George Danyluk, Town Clerk