Regular Meeting of the Town Board. Minutes. Monday, February 4, :00 PM Amherst Municipal Building

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1 Town of Amherst Regular Meeting of the Town Board Minutes 5583 Main Street Williamsville, NY Marjory Jaeger Town Clerk Monday, February 4, :00 PM Amherst Municipal Building In Memory Kathleen E. Hallock, Patrick J. Lowther, Louis Nuchereno ("Lou Blue"), Jerald "Massy" Stoddard I. INVOCATION: Councilmember Nuchereno II. PLEDGE OF ALLEGIANCE: Councilmember Nuchereno III. ROLL CALL: 7:00 PM Meeting called to order on February 4, 2013 at Amherst Municipal Building, 5583 Main Street, Williamsville, NY. Attendee Name Organization Title Status Arrived Barry A. Weinstein Town of Supervisor Present Amherst Guy R. Marlette Town of Deputy Supervisor Present Amherst Mark A. Manna Town of Councilmember Present Amherst Richard "Jay" Town of Councilmember Absent Anderson Amherst Barbara S. Town of Councilmember Present Nuchereno Amherst Steven D. Sanders Town of Councilmember Present Amherst Marjory Jaeger Town of Town Clerk Present Amherst Timothy Koller Town of Assistant Deputy Town Present Amherst Clerk E. Thomas Jones Town of Town Attorney Present Amherst Patrick Kelly Town of Deputy Town Attorney Present Amherst Darlene Carroll Town of Comptroller Present Amherst Thomas Ketchum Town of Commissioner of Building Present Amherst Robert Anderson Town of Amherst Superintendent of Highways Present Page 1

2 Regular Meeting of the Town Board Minutes February 4, 2013 Gary Black Gayle Thornton Charles Cohen Town of Amherst Town of Amherst Town of Amherst Asst Planning Director Asst. Director Sr. Services Asst. Chief of Police Present Present Present IV. MINUTES APPROVAL 1. Tuesday, January 22, 2013 RESULT: MOVER: SECONDER: AYES: ABSENT: ACCEPTED [UNANIMOUS] Steven D. Sanders, Councilmember Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Richard "Jay" Anderson V. PROCLAMATIONS AND ANNOUNCEMENTS VI. PUBLIC HEARINGS: Speakers will be limited to 3 minutes. VII. PUBLIC EXPRESSION This is an opportunity for residents to comment on matters involving Amherst other than those pertinent to Public Hearings that day. Speakers will be limited to 3 minutes at either Public Expression. A motion to open Public Expression was made by Deputy Supervisor Marlette, seconded by Councilmember Sanders, unanimously approved 5-0. Public Expression was opened at 7:06 PM. The following speakers addressed the Town Board: Jane Cox, Harlem Road - questioned Resolution and Suspension items. Tom Frank, Evans St. Jim Tricoli, Columbia Drive - requested an exception be made to allow Michelle Marconi to speak in his place. The Board had no objection. Michelle Marconi, 35 Livingston Pkwy. - objects to the proposed renaming of the Building Height Review Committee and the use of taxpayer dollars to pay a consultant to undertake the study. Roger LeGoff, Hunters Lane - addressed purchasing Thomas Ketchum, Building Commissioner - provided a status report for 185 Rockdale Drive (12/17/2012 Communication regarding demolition) and showed photos of the Page 2 Town of Amherst

3 Regular Meeting of the Town Board Minutes February 4, 2013 repair work being done. There were no further speakers from the public, therefore Deputy Supervisor Marlette moved to close Public Expression, seconded by Councilmember Sanders, unanimously approved 5-0. Public Expression was closed at 7:20 PM. VIII. CONSENT AGENDA: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders IX. SUSPENSION OF RULES Deputy Supervisor Marlette moved to open Suspension of Rules to receive in the following Resolutions. The motion was seconded by Supervisor Weinstein and unanimously approved 5-0. Suspension of Rules was opened at 7:21 PM. There being no further business requiring Suspension of Rules, Deputy Supervisor Marlette then moved to close Suspension of Rules. The motion was seconded by Councilmember Manna and unanimously approved 5-0. Suspension of Rules was closed at 7:28 PM. 1. Resolution Support for NYS Assembly Bills A.88 and A Contact Information for Vacant Structures For Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: January 30, 2013 RE: SUPPORT FOR NYS ASSEMBLY BILLS A.88 and A CONTACT INFORMATION FOR VACANT STRUCTURES WHEREAS, vacant, abandoned, and foreclosed homes and structures have proliferated throughout New York State over the last five years; and WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties; and WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party; and Page 3 Town of Amherst

4 Regular Meeting of the Town Board Minutes February 4, 2013 WHEREAS, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures and require good faith in obtaining a foreclosure; and WHEREAS, the Amherst Town Board supports the passage of said Bills; now, therefore, BE IT RESOLVED that the Town of Amherst hereby supports the passage of said Bills and respectfully requests that the State Representatives who represents constituents in the Town of Amherst support the passage of said Bills; and BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Senator Michael Ranzenhofer and Assemblyman Raymond Walter. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Opposition to Governor's Proposal to Restrict Use of Sales Tax Exemption as Incentive in Economic Development Projects Suspension Item #2 Suspension to February 4, 2013, Town Board Agenda TO: FROM: Town Board Town Clerk Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: OPPOSITION TO GOVERNOR S PROPOSAL TO RESTRICT USE OF SALES TAX EXEMPTION AS INCENTIVE IN ECONOMIC DEVELOPMENT PROJECTS WHEREAS, the Governor has proposed, as part of his Executive Budget, a provision that would greatly restrict the ability of local economic development agencies to use the exemption of state sales tax as part of economic development incentive packages to spur job creation projects; and WHEREAS, this provision restricts use of the sales tax exemption to just seven business categories of the Excelsior Jobs tax credit program; and Page 4 Town of Amherst

5 Regular Meeting of the Town Board Minutes February 4, 2013 WHEREAS, many economic development projects important to rural, suburban and urban areas including main business district redevelopment, tourism projects, small business projects, commercial redevelopment and adaptive re-use projects will not qualify under this new provision; and WHEREAS, projects that do qualify will now have to obtain the approval of Regional Development Councils and the Empire State Development Corporation, which will involve additional time and delay that could prove detrimental to development; and WHEREAS, projects that qualify for the sales tax exemption will receive the benefit as a future tax rebate after the project is completed and, therefore, will not be able to use the benefit as equity in securing private financing; and WHEREAS, the restrictions in the Governor s proposal will restrict an important tool for incentivizing projects identified in numerous plans crafted throughout the state by the Governor s own Regional Development Councils; now, therefore, BE IT RESOLVED that the Amherst Town Board does hereby go on record as opposed to this provision of the Governor s Executive Budget and requests that the Western New York Senate and Assembly delegation work to remove the provision from any final 2013/14 budget agreement; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor and every member of the Western New York delegation. RESULT: ADOPTED [4 TO 1] MOVER: Guy R. Marlette, Deputy Supervisor SECONDER: Barry A. Weinstein, Supervisor AYES: Barry A. Weinstein, Guy R. Marlette, Barbara S. Nuchereno, Steven D. Sanders NAYS: Mark A. Manna 3. Resolution Emergency Authorization to Purchase Suspension Item #3 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor Page 5 Town of Amherst

6 Regular Meeting of the Town Board Minutes February 4, 2013 DATE: February 4, 2013 RE: EMERGENCY AUTHORIZATION TO PURCHASE Oil Pump System - Plow Truck BE IT RESOLVED that the Town Board approves the emergency expenditure of $2, for the purchase of a replacement oil pump system for a plow truck for the Highway Department from the second lowest bidder, Kenworth of Buffalo. (Lowest bidder at $2, will not allow credit for purchases over $500.) Highway Department has only 36 trucks to cover 35 routes. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 4. Resolution Proposal for Professional Services - Lixian Dai Suspension Item #4 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: PROPOSAL FOR PROFESSIONAL SERVICES - LIXIAN DAI BE IT RESOLVED that the Town Board approve the expenditure of $12, for professional services for GIS application development. Under the terms of this agreement, applications will be developed to assist and enhance field crew functionality with the sanitary and storm sewer systems. A flood zone related application will also be developed to streamline residential LOMA requests. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 6 Town of Amherst

7 Regular Meeting of the Town Board Minutes February 4, Resolution Building Dept Vehicles Lease Extension Suspension Item #5 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: BUILDING DEPT. VEHICLES LEASE EXTENSION Whereas, the Town of Amherst leases five vehicles from the Basil Lease Corp.; and Whereas, the current leases expire on February 20, 2013; and Whereas, we have been informed that the delivery date for the purchase of new vehicles is approximately March 15, 2013 thereby necessitating a lease extension or other suitable alternative; and Whereas, the Basil Lease Corp. has agreed to a one-month extension of our current leases: Now Therefore, Be It Resolved, that the Town Board hereby agrees to a one-month lease extension for five vehicles at a cost of $ for a total cost of $1, to be charged to the B account. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 6. Communication Communication from Copier Fax Business Technologies, Inc. Suspension Item #6 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor Page 7 Town of Amherst

8 Regular Meeting of the Town Board Minutes February 4, 2013 DATE: February 4, 2013 RE: COMMUNICATION communication of February 1, 2013, from Al Scibetta, President, Copier Fax Business Technologies, Inc. 2/04/2013 Referred to Information Technology, Town Attorney, and Purchasing. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 7. Resolution Travel Expense for Association of Towns (For Suspension to February 4, 2013, Town Board Agenda) TO: FROM: RE: Town Board Barbara S. Nuchereno, Councilmember Travel Expense - Association of Towns Please approve travel expenses for Councilmember Barbara S. Nuchereno for the Association of Towns at an estimated cost of $1, RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders X. APPOINTMENTS TO BOARDS & COMMITTEES: Board Appointments - Amherst Conservation Advisory Council, Board of Ethics, Deer Adaptive Management, Historic Preservation, IDA, Planning, Recreation, Solid Waste, Traffic Safety and the Zoning Board of Appeals. NOTE - The number of vacancies is listed after the Committee name. Page 8 Town of Amherst

9 Regular Meeting of the Town Board Minutes February 4, /11 Commemoration Committee Membership is unlimited. 2. Amherst Committee on Disabilities (7) 3. Amherst Community Diversity Commission Membership is full. 4. Amherst Conservation Advisory Council (1) 5. Amherst Industrial Development Agency Membership is full. 6. Amherst State Park Committee Membership is full. 7. Amherst Veterans Committee (1) 8. Arts & Culture in Public Places Board (1) 9. Board of Assessment Review (5) 10. Board of Electrician Examiners Membership is full. 11. Board of Ethics Membership is full. 12. Board of Plumbing and Drainage Examiners (1) Vacancy for Town Board 13. Citizens Financial Advisory Committee Membership is full. 14. Code Commission (1) 15. Commercial and Residential District Review Committee 16. Employee Suggestion Program Merit Award Board (1) Vacancy for Town Board 17. Employee Suggestion Review Committee 18. Energy Conservation Citizens Advisory Committee Membership is full. Page 9 Town of Amherst

10 Regular Meeting of the Town Board Minutes February 4, Freedom of Information Law (FOIL) Board Membership is full. 20. Glen Park Joint Board Membership is full. 21. Government Study Committee Membership is full. 22. Historic Preservation Commission (1) 23. Information Technology Advisory Committee (2) 24. Library Board of Trustees Membership is full. 25. Minority / Woman Owned Business Membership is full. 26. Planning Board Membership is full. 27. Recreation Commission Membership is full. 28. Recycling and Waste Committee Membership is full. 29. Senior Services Advisory Board Membership is full. 30. Supervisor's Citizen Advisory Committee Membership is full. 31. Traffic Safety Board Membership is full. 32. War of 1812 Commemorative Committee Membership is full. 33. Youth Board (4) 34. Zoning Board of Appeals Membership is full. Page 10 Town of Amherst

11 Regular Meeting of the Town Board Minutes February 4, 2013 XI. COUNCILMEMBER RESOLUTIONS A. SUPERVISOR WEINSTEIN: 1. Resolution Supervisor's Citizen Advisory Committee BE IT RESOLVED that the number of members in the Supervisor s Citizen Advisory Committee be decreased from seven to five; and BE IT FURTHER RESOLVED that the following be reappointed by Supervisor Weinstein to serve on the committee for terms ending December 31, 2013: Darlene Torbenson, Chair of the Committee Ruth Barone Anthony J. Latona Jerome Schad Jon Zucarelli BE IT FURTHER RESOLVED that the Supervisor s Citizen Advisory Committee be assigned the task of completing their work on the town policy manual. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Barry A. Weinstein, Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Northtown Center at Amherst Hotel(S) RFP WHEREAS, the Recreation, Planning, and Legal Departments are developing a site concept for one or two hotels and a fifth ice sheet connected to the present building on the Northtown Center at Amherst site; now, therefore, BE IT RESOLVED that the Amherst Town Board authorizes an RFP for one or two hotels on the Northtown Center at Amherst site along Amherst Manor Drive. RESULT: WITHDRAWN Page 11 Town of Amherst

12 Regular Meeting of the Town Board Minutes February 4, Resolution Grant Writing Services WHEREAS, Amherst has a contract with Rotella Grant Management for grant writing at $1,800 per month with a 30-day cancellation clause; and WHEREAS, Amherst has issued an RFP for grant writing services and has had five responders, including the above; and WHEREAS, Amherst is desirous of employing several grant writers with experience in different areas; now, therefore, BE IT RESOLVED that the Amherst Town Board authorizes the Supervisor to cancel the present contract with Rotella Grant Management and negotiate new terms for Town Board approval; and BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts on a per grant hourly basis with any of the responders for a maximum of $2,500 per grant. 2/04/2013 Motion to Amend made by Supervisor Weinstein, seconded by Councilmember Manna, unanimously approved 5-0. Amendment adds the following: BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts pending review and approval by the Town Attorney and Comptroller as per the contract review process on a per grant hourly basis with any of the responders for a maximum of $2,500 per grant. A second Motion to Amend was made by Councilmember Sanders, seconded by Supervisor Weinstein, unanimously approved 5-0. Amendment adds the following: BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts pending review and approval by the Town Attorney and Comptroller as per the contract review process on a per grant hourly basis with any of the responders for a maximum of the lesser of $2,500 per grant or 20% of the grant value. See results in the box below for the vote on the overall Resolution. Approved as Amended (twice). RESULT: MOVER: SECONDER: AYES: ADOPTED AS AMENDED [UNANIMOUS] Barry A. Weinstein, Supervisor Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Page 12 Town of Amherst

13 Regular Meeting of the Town Board Minutes February 4, 2013 B. DEPUTY SUPERVISOR MARLETTE: 1. Resolution Planning Department Resolution Review Consolidation WHEREAS, the Amherst Town Board has passed numerous resolutions over the past several years directing the Planning Department to review various aspects of Regional Scale Commercial Zoning ( ), Redevelopment ( ), Building Design Criteria ( ), and Building Height ( ), and WHEREAS, the Amherst Town Board and the Planning Department considers all of the tasks described in the Resolutions as essential to the context-sensitive development and redevelopment of the Town s business districts, therefore be it RESOLVED, that in order to maximize our resources and personnel it is desired that the Building Height Review Committee be changed to the Commercial & Residential District Review Committee, and be it further RESOLVED, that the committee structure remain the same, but outside resources (i.e. Departments) be engaged as necessary, and be it further RESOLVED, that the committee also evaluate the use of contemporary context-sensitive planning and zoning practice such as Form Based Codes, Building Design Review, Commercial and Mixed-use Zoning patterns, and strategic residential neighborhood preservation. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution ECO (Eggertsville Community Organization) PARK WHEREAS, the Eggertsville Community Organization continues to play a vital role in the growth, preservation, and security of the Eggertsville neighborhood, and WHEREAS, ECO s contribution to the Town and its western neighborhood merits permanent recognition, and WHEREAS, Crosby Circle provides a passive neighborhood park that also provides limited active recreation, now therefore be it Page 13 Town of Amherst

14 Regular Meeting of the Town Board Minutes February 4, 2013 RESOLVED, that, in recognition of the contributions of the Eggertsville Community Organization and its individual members, the Town Board hereby formally names the park at Crosby Circle as ECO (Eggertsville Community Organization) PARK, and be it further RESOLVED, that the Town Board hereby directs the Town Attorney with the assistance of the Planning Department to confirm the park boundaries and title, and be it further RESOLVED, that the Town Board hereby directs the Planning Department with the valued participation of the Eggertsville Community Organization to prepare an ECO Park Master Plan that insures the continuation of neighborhood-sensitive recreation activities. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders C. COUNCILMEMBER MANNA: 1. Resolution Stable Rate Contribution Option Opinion WHEREAS, the Governor of New York has proposed Stable Rate Pension Contribution Option local governments and school districts would be given the option to lock-in longterm, stable rate pension contributions for a period of years determined by the State Comptroller and the Teacher s Retirement System (TRS). The proposed stable rates would be 12% for the New York State Employees Retirement System (ERS), 12.5% for TRS, and 18.5% for the Police and Fire Retirement System (PFRS). Absent this option, the system average rates (inclusive of Group Life Insurance) would be 20.9% for ERS, 16.5% for TRS and 28.9% for PFRS, and WHEREAS, the proposed pension contribution rates under this program would reduce nearterm payments for employers, but will require higher than normal contributions in later years. The Governor s proposal describes this savings as a spin up of future savings from the implementation of Tier VI of the State Retirement System last year, now therefore be it RESOLVED, the Amherst Town Board request the Comptroller to offer her opinion on the fiscal impact of accepting or not accepting this option. 2/04/2013 Consent Page 14 Town of Amherst

15 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Mark A. Manna, Councilmember Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders D. COUNCILMEMBER ANDERSON: 1. Resolution Energy Conservation Citizens Advisory Committee BE IT RESOLVED that Ethel Petrou be appointed by Councilmember Richard Jay Anderson, Jr. to the Energy Conservation Citizens Advisory Committee for a term ending December 31, /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders E. COUNCILMEMBER NUCHERENO: F. COUNCILMEMBER SANDERS: XII. DEPARTMENT HEAD RESOLUTIONS AND REPORTS A. TOWN ATTORNEY: 1. Resolution Waterline Replacements C.I.P. Project E-16, E-17, E-18, E-23 Klein Road, Countryside Lane/Court, Summerview Road, Cottonwood Drive, Woodshire Court, Schimwood Drive/Court & Montbleu Drive/Court Bond Resolution : $3,750, AGENDA ITEM : FEBRUARY 4 TH, 2013 Page 15 Town of Amherst

16 Regular Meeting of the Town Board Minutes February 4, 2013 TO: FROM: RE: Town Board E. Thomas Jones, Esq., Town Attorney 2013 Waterline Replacements C.I.P. Project E-16, E-17, E-18, E-23 Klein Road, Countryside Lane/Court, Summerview Road, Cottonwood Drive, Woodshire Court, Schimwood Drive/Court & Montbleu Drive/Court Bond Resolution : $3,750, Kindly adopt the attached Order Calling Public Hearing regarding the above matter by scheduling a Public Hearing for the project on February 25, 2013 at 7:00 p.m. or an upcoming meeting deemed acceptable by the Town Board. Thank you. ETJ:msl Attachment c: Kathy Cooper, Deputy Town Clerk (w/attachment, Agenda Item : February 4, 2013) Marjory Jaeger, Town Clerk (w/attachment) Thomas C. Ketchum, P.E., Interim Town Engineer (w/attachment) Darlene A. Carroll, Comptroller (w/attachment) Ellen M. Kost, AICP, Associate Planner (w/attachment) Marc Bellacose, Senior Engineer Assistant (w/attachment) RESULT: MOVER: SECONDER: AYES: ROLL CALL VOTE (ADOPTED) [UNANIMOUS] Barry A. Weinstein, Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Walmart Stores, Inc. V. Town of Amherst TO: FROM: Town Board E. Thomas Jones, Esq., Town Attorney DATE: January 30, 2013 RE: Tax Assessment Matter Walmart Stores, Inc. v. Town of Amherst 3290 Sheridan Drive, Amherst, New York Upon the recommendation of the Town Assessor and Special Counsel, kindly adopt a resolution approving the attached Settlement Order and authorizing the Town Supervisor to execute the same. Page 16 Town of Amherst

17 Regular Meeting of the Town Board Minutes February 4, 2013 Thank you. ETJ:nmb Attachment c: Ann Terranova, Interim Town Assessor (w/attachment) RESULT: ADOPTED [4 TO 1] MOVER: Barry A. Weinstein, Supervisor SECONDER: Steven D. Sanders, Councilmember AYES: Barry A. Weinstein, Guy R. Marlette, Barbara S. Nuchereno, Steven D. Sanders NAYS: Mark A. Manna B. TOWN CLERK: 1. Resolution Snow Plow Permits Snowplow Permits for Agenda Date Feb. 4, 2013 Jeffrey Cutler # Fairways Boulevard Williamsville, NY Pfentner Landscaping #337-#338 Brian Pfentner 1125 Smith Road East Amherst, NY Blount Construction #339-# Sawyer Avenue Tonawanda, NY Summer Wind Lawn Maintenance #355 Steven Cracchiola 732 Klein Road Williamsville, NY /04/2013 Consent Page 17 Town of Amherst

18 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders C. ASSESSOR: D. BUILDING/BUILDING MAINTENANCE: E. CENTRAL ALARM: F. COMPTROLLER: 1. Resolution Routine Transfers and Amendments For February 4, 2013 Town Board Agenda To: Town Board From: Office of Town Comptroller Date: 1/30/2013 Re: Various Department Budget Transfers / Amendments I have received the attached request(s) requiring budget transfers and / or amendments. Based on my review, I ask that the Town Board approve the attached list. BUDGET TRANSFERS A Engineering - Personal Services $12,500 A Contractual $12,500 Transfer of funds for consulting services. N Catholic Charities $ N Public Info / Advertising $ BUDGET AMENDMENTS N Amh. Rehab Single Fam. - PI $ N Contractual $ N Admin Program Delivery $45.00 N % Admin. $45.00 To recognize Community Development program income from 200 Palmdale Drive. 2/04/2013 Consent Page 18 Town of Amherst

19 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Transfer from Paving Project Contingency Please approve the following transfer to cover unexpected costs incurred during paving projects during 2012: INCREASE DECREASE K Paving - Construction $ K Paving - Contingency $ /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders G. COURT: H. EMERGENCY SERVICES: 1. Resolution Travel Request Amherst Town Board approval requested to travel using a Town of Amherst Department Vehicle to the New York State Emergency Management Association's (NYSEMA) 2013 Winter Conference to be held at the Doubletree Hotel in Syracuse, New York. Departure to the conference would be February 12, 2013 with return after conclusion of seminars on February 13, Budget A-3641 would be used for all seminar and travel costs. 2/04/2013 Consent Page 19 Town of Amherst

20 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders I. ENGINEERING: 1. Resolution RE: Town of Amherst P.I.P. Inspections Agency Account Payment Authorization AG Councilmembers: An Agency Account (AG ) was created by the Comptroller s Office to maintain funds collected for P.I.P. inspection fees. Permit fees and inspection costs are made payable to the Town by the respective developers/contractors and deposited into the Agency Account. The funds collected are then used to pay inspection contractors who perform inspections on behalf of the Town. According to General Municipal Law, the Town Board must authorize payments to be made from Agency Accounts. Please approve authorization to spend up to $200, from Agency Account, AG for P.I.P. inspection services during the 2013 year. Thank you for considering this request. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution RE: Set Bid Date Townwide Fencing Procurements & Installs Town of Amherst Job No Councilmembers: Would you please set March 19, 2013 as the date to receive bids for the above referenced project? Bid specifications will be available in the Purchasing Page 20 Town of Amherst

21 Regular Meeting of the Town Board Minutes February 4, 2013 Director s Office on Wednesday, February 20, /04/2013 Consent Thank you for considering this request. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 3. Resolution Re: SET BID DATE Countryside & Summerview Waterline Replacement Town of Amherst Job No Councilmembers: We are requesting that the date of Tuesday, March 5, 2013 be set to receive bids for the above referenced project. Plans and specifications will be available in the Purchasing Department office on February 13, Funding will be available subsequent to the bond public hearing on February 25, Thank you for considering this request. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 4. Resolution RE: Notification of Emergency Purchase 2 Lift Station Pumps Fluid Kinetics of Orchard Park, NY Councilmembers: Page 21 Town of Amherst

22 Regular Meeting of the Town Board Minutes February 4, 2013 This correspondence serves to provide notification to the Town Board of an Emergency Purchase authorized by the Town Supervisor on Thursday, January 24, 2013, for the purchase of 2 replacement lift station pumps from Fluid Kinetics of Orchard Park, NY at a total cost of $3, Fluid Kinetics was the lowest cost of 3 written quotes provided. Earlier that week, pumps at the Brompton and Dearborn lift stations failed due to an excessive amount of rags caught in the pump impellers. Following the pump failures, these stations were operating with only 1 pump, providing no operational redundancy, and thus constituting a public emergency. A public emergency as defined by Section of the GML, is an unforeseen occurrence whereby circumstances affecting public buildings, public property or the life, health, safety of property of the inhabitants of a political subdivision or district therein, require immediate action which cannot await competitive bidding, contracts for public work or the purchase of supplies, material or equipment may be let by the appropriate officer, board or agency of a political subdivision or district therein. The Town Supervisor/Purchasing Director, with his approval of the attached request, deemed this situation a public emergency, and therefore approved a one-time waiver of the approved purchasing policy requirements. The WPCF has subsequently initiated a public bid for purchases of this kind in the future. This bid opening is currently scheduled for February 19, Funding for the above emergency purchase is available in the WPCF Operating Budget Account #G /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders J. HIGHWAY: K. HUMAN RESOURCES: 1. Resolution Police Attendant - PT/Police (3 Positions) Police Attendant - PT/Police (3 Positions), Effective February 11, 2013, Temporary, $10.65 ph, Step 1. On-call positions for Maura Mayer, Heather Cepuchowski, and Amanda Sabin-Kromphardt. 2/04/2013 Page 22 Town of Amherst

23 Regular Meeting of the Town Board Minutes February 4, 2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders L. INFORMATION TECHNOLOGY: M. PLANNING: 1. Resolution Decision Date: 4150 Rensch Road from RD to MFR-6 Adoption of Local Law to Amend the Zoning Map (4150 Rensch Road; Z ) RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the requirements of SEQR have been completed and the Town Board issues the attached Negative Declaration, and be it further RESOLVED, that pursuant to NYS Town Law Sec.272-a, the Town Board concurs with the findings of the Planning Board as stated in their resolution of November 15, 2012 that the proposed Multi-Family Residential District Six (MFR-6) zoning at 4150 Rensch Road is consistent with the adopted Bicentennial Comprehensive Plan, as amended, and be it further RESOLVED, that to the extent the proposed zoning is not consistent with the adopted Comprehensive Plan, the plan is hereby amended to be consistent with the proposed zoning at this location, and be it further RESOLVED, that in accordance with Section of the Town Code (Zoning), the Town Board adopts Local Law (#) to amend the Town Zoning map. 1/7/2013 A motion to open the Public Hearing was made by Deputy Supervisor Marlette, seconded by Councilmember Manna, unanimously approved 6-0. The Public Hearing was opened at 7:13 PM. Corey Auerbach, Esq. From Damon Morey, representing Boncrest Dev., presented this 7 unit, 5300 square foot project and answered questions from the Board. Jim Tricoli, Columbia Dr. Questioned the size of the units for the proposed project. There being no further speakers from the public, Supervisor Weinstein moved to close the Public Hearing, seconded by Deputy Supervisor Marlette, unanimously approved 6-0. The Page 23 Town of Amherst

24 Regular Meeting of the Town Board Minutes February 4, 2013 Public Hearing was closed at 7:15 PM. Jonathan E. Bennett, Architect, answered questions from the Board regarding the square footage, unit design, and minimum lot area for the apartment building. Thomas Ketchum, Building Commissioner, advised that based on the number of bedrooms in each unit and the minimum unit size (1,000 square feet for a 3 bedroom unit and 760 square feet for a 2 bedroom unit) that the minimum square footage required is 5,800. Councilmember Nuchereno questioned if, in order for them to work out the square footage issues they have to turn this into a 6 or 5 unit complex, the client would still be willing to proceed. Deputy Supervisor Marlette advised that when faced with a rezoning the Board likes to see what the project is and what it's going to look like; that what they're voting on is what they're going to see. He would like to insure no variances are sought for the square footage required, or that this development doesn't become 8 units. The Board can provide deed restrictions that go along with the rezoning and may limit it to no more than 7 units and no less than the minimum required square footage. Corey Auerbach stated that they agreeable to alternative options; they are committed to staying within the confines of the Code and will check alternatives. Jonathan Bennett said they will refine the floor plan, given the confines of the building. Councilmember Manna was not willing to vote at this meeting; he would like a letter from the owner stating what they are willing to agree to, as far as deed restrictions, and would like it on record that they will not seek variances for the number of units and square footage. Councilmember Sanders wants to make sure they are not eliminating the lot width and frontage requirements with this rezoning. Supervisor Weinstein moved to Table the Public Hearing, seconded by Councilmember Anderson. Motion fails 3-3 (Manna, Nuchereno, Marlette, nay). Councilmember Manna moved to set a Decision Date for February 4, 2013, seconded by Councilmember Anderson, approved 5-1 (Weinstein, nay). 2/04/2013 Councilmember Sanders restated that they have been advised by the applicant that the only variance that they're looking to get is for the lot width and there is no other variance that they are approving. See results in the box below for the vote on the Resolution. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Mark A. Manna, Councilmember Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Page 24 Town of Amherst

25 Regular Meeting of the Town Board Minutes February 4, Resolution To Adopt the 2013 CDBG/HOME Action Plan and to Direct the Supervisor to Submit the Plan to HUD WHEREAS, the Town has prepared an Action Plan delineating the use of CDBG and HOME funds for Fiscal Year 2013 to address housing and community development needs identified in the 5-Year Consolidated Plan; and WHEREAS, the Town has complied with HUD requirements that at least two public hearings be held to advise citizens of the availability of CDBG and HOME funds for Fiscal Year 2013, now, therefore, be it RESOLVED that the Amherst Town Board hereby adopts the 2013 CDBG/HOME Action Plan for April 1, 2013-March 31, 2014, as provided to the Town Board prior to this meeting and directs the Supervisor to act as official representative of the Town in submitting the Action Plan and amendments thereto, all understandings and assurances contained therein, and directs and authorizes him to act in connection with the submission of the Action Plan and to provide such additional information as may be required by the Department of Housing and Urban Development. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders N. POLICE: 1. Resolution Tactical Training Conference Verona, New York April 22, 2013 to April 25, 2013 $2734 Request Town Board approval to send four (4) Police Officers to attend Tactical training held in Verona, NY April 23 to April 25, /04/2013 Consent Page 25 Town of Amherst

26 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders O. PURCHASING: 1. Resolution Award of Bid # Electric Ice Surfacers - Recreation WHEREAS, the Purchasing Department received bids on January 24, 2013 for the purchase of Electric Ice Surfacers; and WHEREAS, the bid process resulted in responses from three (3) vendors with the lowest responsible bid received from Resurfice Corp., 25 Oriole Parkway East, Elmira, Ontario N3B 3A9, as identified in the attached bid analysis; NOW THEREFORE BE IT RESOLVED, the Town Board authorizes the Purchasing Department to award the bid for two (2) Electric Ice Surfacers at a price of $157,000 each, for a total of $314,000. 1% discount if paid within seven days.. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Municipal Milling and Maintenance Contract To: Town Board From: Barry A. Weinstein, M.D., Interim Purchasing Director Date: January 30, 2013 Re: Municipal Milling and Maintenance, LLC Contract for Construction and Maintenance Bid: Section 8: Milling Town Roads, Option A Page 26 Town of Amherst

27 Regular Meeting of the Town Board Minutes February 4, 2013 Kindly adopt a Resolution authorizing the Supervisor to sign a contract with Municipal Milling and Maintenance with respect to the above matter. Kindly adopt a Resolution authorizing the Comptroller to pay any outstanding invoices owed to this vendor under this Contract. Thank you. 2/04/2013 A motion to separate the items to contract approval and payment approval made by Deputy Supervisor Marlette, seconded by Supervisor Weinstein. Motion fails 2-3 (Weinstein, Manna, Nuchereno, nay). See results in the box below for the vote on the overall Resolution. RESULT: DEFEATED [3 TO 2] MOVER: Barry A. Weinstein, Supervisor SECONDER: Mark A. Manna, Councilmember AYES: Barry A. Weinstein, Mark A. Manna, Barbara S. Nuchereno NAYS: Guy R. Marlette, Steven D. Sanders P. REFUSE: Q. SENIOR SERVICES: 1. Resolution Nutrition Contract Amendment We request an Amendment to the 2013 Nutrition Contract between Erie County and the Town of Amherst, on behalf of Amherst Senior Services. The date of the contract runs from January 1, December 31, 2013, and was originally approved for the Supervisor s signature at the Town Board meeting of Monday, November 19, Amendments include changes to Schedule E, which increases the per-meal reimbursement by $0.20 /meal from $4.16 to $4.36 /meal served; and a revision in language at the Erie County Attorney's request concerning NYS Executive Order 38 (Section 7.18), which has no financial impact. 2/04/2013 Consent Page 27 Town of Amherst

28 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Class Instructor/Sub-Contractor Commitment Form We respectfully request approval for the Supervisor to sign the 2013 Class Instructor/Sub- Contractor Commitment Form between the Town of Amherst (Amherst Senior Services Department) and Jerry S. Kelly, on a per trimester contract period, as needed. Mr. Kelly is being hired to replace an Artist/Instructor who recently passed away. The contract period is per trimester, as needed, beginning with the 2013 Winter Trimester. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 3. Resolution Class Instructor/Sub-Contractor Commitment Form We respectfully request approval for the Supervisor to sign the 2013 Class Instructor/ Sub-Contractor Commitment Form between the Town of Amherst (Amherst Senior Services Department) and Beverly Randall, on a per trimester contract period, as needed. Ms. Randall is being hired to replace both an Instructor with health issues and a Temporary Instructor. The contract period is per trimester, as needed, beginning with the 2013 Spring/Summer Trimester. 2/04/2013 Consent Page 28 Town of Amherst

29 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders R. YOUTH AND RECREATION 1. Resolution Lease Amendment Authorize a lease amendment between the Town of Amherst (Youth & Recreation Department) and the Resource Training Center for space rental at the Harlem Road Community Center through 6/30/14. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders XIII. UNFINISHED BUSINESS: 1. Resolution Public Hearing: Sidewalk Installation 52 & 58 Youngs Road and 1 & 9 Turnberry Drive. Installation of Sidewalk Property located at 52 & 58 Youngs Road and 1 & 9 Turnberry Drive RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the subject action has been classified as a Type II action and no further review is required, and be it further RESOLVED, that the proposed sidewalk installation request is consistent with the adopted Comprehensive Plan, and be it further RESOLVED, that the Town Board in accordance with Section of the Building Construction Administration Code orders a 5-ft. wide concrete sidewalk to be installed along the Youngs Road frontage of the following parcels: Page 29 Town of Amherst

30 Regular Meeting of the Town Board Minutes February 4, Youngs Road SBL# Youngs Road SBL# Turnberry Drive SBL# Turnberry Drive SBL# and be it further RESOLVED, that the Town Board orders a 4-ft. wide concrete sidewalk to be installed in the northeast corner of 1 Turnberry Drive to provide a continuous sidewalk on the south side of Turnberry Drive to Youngs Road, and be it further RESOLVED, that the sidewalk installation shall occur prior to May 31, /05/2012 A motion was made by Deputy Supervisor Marlette to open the Public Hearing, seconded by Councilmember Sanders, unanimously approved 6-0. The Public Hearing was opened at 7:42 PM. Eric Gillert, Planning Director, presented and answered questions from the Town Board. Andrew Ponkow, Turnberry Dr., spoke in favor of the sidewalk installation. Peter O'Brien, Turnberry Dr., is in favor, but wants the homeowner's treated fairly. Tom Frank, Evans St. had comments. Supervisor Weinstein requested resident, Tom Frank, to allow neighbors to speak, and he refused to leave the podium, Supervisor Weinstein asked Asst. Chief Cohen to remove Mr. Frank from the meeting. Councilmember Manna objected and challenged the ruling of the Chair. Roll call vote taken on whether the ruling of the Chair should be overturned: Weinstein, no; Marlette, no; Manna, yes; Anderson, yes; Nuchereno, no; Sanders, no (4-2). Mr. Frank was escorted from the Town Board meeting. Don Postles, Turnberry Dr., questioned how much safer a pedestrian would be with a sidewalk installed. There being no further speakers from the public, Supervisor Weinstein moved to close the Public Hearing, seconded by Deputy Supervisor Marlette, unanimously approved 6-0. The Public Hearing was closed at 7:54 PM. 12/17/2012 Motion made by Deputy Supervisor Marlette to remove from Unfinished Business, seconded by Councilmember Sanders, unanimously approved 6-0. Motion to amend made by Deputy Supervisor Marlette, seconded by Councilmember Nuchereno, unanimously approved 6-0. Amendment adds the following: "BE IT RESOLVED, that the Amherst Town Board carries over on to the 2013 agenda as Unfinished Business." See results in the box below for the vote of Tabled as Amended. 2/25/2013 See results in the box below for the vote of Received and Filed. Page 30 Town of Amherst

31 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: TABLED (NO VOTE) Next: 2/25/2013 7:00 PM 2. Resolution Public Hearing - Rezoning of 32 Livingston Pkwy. from GB to R-3 Adoption of Local Law to Amend the Zoning Map (32 Livingston Parkway; Z ) RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the requirements of SEQR have been completed and the Town Board issues the attached Negative Declaration, and be it further RESOLVED, that pursuant to NYS Town Law Sec.272-a, the Town Board concurs with the findings of the Planning Board as stated in their resolution of September 20, 2012 that the proposed Residential District Three (R-3) zoning at 32 Livingston Parkway is consistent with the adopted Bicentennial Comprehensive Plan, as amended, and be it further RESOLVED, that to the extent the proposed zoning is not consistent with the adopted Comprehensive Plan, the plan is hereby amended to be consistent with the proposed zoning at this location, and be it further RESOLVED, that in accordance with Section of the Town Code (Zoning), the Town Board adopts Local Law (#) to amend the Town Zoning. 11/19/2012 A motion was made by Deputy Supervisor Marlette to open the Public Hearing, seconded by Councilmember Sanders, unanimously approved 5-0. The Public Hearing was opened at 7:16 PM. Jeffrey Palumbo, Esq., representing the Livingston Parkway Assn. presented and answered questions from the Town Board. The following residents spoke in favor of the rezoning: Jim Tricoli, 4 Columbia Dr. Michael Lowiec, 4831 Main St. Ray Paolini, 38 Livingston Pkwy. Michele Marconi, 35 Livingston Pkwy. Thomas Frank, Evans St. Robert Gleichenhaus, 50 Rankin Rd. There being no further speakers from the public, Deputy Supervisor Marlette moved to close the Public Hearing, seconded by Councilmember Sanders, unanimously approved 5-0. The Public Hearing was closed at 7:36 PM. Discussion of Protest Petition and correct boundaries. Councilmembers Nuchereno and Sanders prefer to hold vote until the boundary issue is settled. Page 31 Town of Amherst

32 Regular Meeting of the Town Board Minutes February 4, 2013 Supervisor Weinstein stated that this should be Tabled for a Decision Date. The Board can set the Decision Date when the legal description is resolved. And the second issue is the Protest Petition that was filed this morning. Attorney Palumbo wishes to state for the record that he "disagrees with the Town Attorney's position". He has "presented a legal description and a survey, certified by a surveyor who certified where the line is, that's what's before the Board". However, he has "no objection to Tabling while they attempt to work things out". See results in the box below for the vote on the Resolution. 3/11/2013 After discussion and vote under Resolution , Supervisor Weinstein made a motion to Receive and File Resolution The motion was seconded by Councilmember Manna, motion fails 3-2 (Weinstein, Marlette). Item remains on Unfinished Business. See Resolution for further information. Results for the final vote for rezoning listed in the box below. RESULT: TABLED (NO VOTE) Next: 2/25/2013 7:00 PM XIV. COMMUNICATIONS: 1. Communication Multiple Sclerosis Awareness Week correspondence from Nicole Burroughs in regard to Multiple Sclerosis Awareness Week. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Communication Williamsville Library Gala Page 32 Town of Amherst

33 Regular Meeting of the Town Board Minutes February 4, communication of January 15, 2013, from Jeffrey F. Voelkl seeking permissions for February 8, 2013, Williamsville Library Gala. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 3. Communication Request for Public Hearing: Rezoning and Relief of Conditions for 9450 Transit Road Letter from Attorney Sean W. Hopkins requesting a Public Hearing date for the rezoning and relief of conditions for 9450 Transit Road. 2/04/2013 Consent for March 4, 2013 RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 4. Communication Request for Public Hearing: Rezoning of 460 Casey Road Letter from Corey A. Auerbach, Damon Morey LLP, requesting a Public Hearing date for the rezoning of 460 Casey Road. 2/04/2013 Consent for March 4, Page 33 Town of Amherst

34 Regular Meeting of the Town Board Minutes February 4, 2013 RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 5. Communication Williamsville Primary Care Center Letter of January 18, 2013, from James M. Millard, President & CEO, Kenmore Mercy Hospital, in regard to closing of Williamsville Primary Care and Diagnostic Center. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: RECEIVED & FILED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 6. Communication Notice of Claim: National Fuel Gas Distribution Corp. Vs. Town of Amherst Highway Dept. 2/04/2013 Consent to refer to Town Attorney. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 7. Communication Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Vs. Town of Amherst Et Al Page 34 Town of Amherst

35 Regular Meeting of the Town Board Minutes February 4, /04/2013 Consent to refer to Town Attorney. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 8. Communication Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal Youth Programs 2/04/2013 Consent to refer to Town Attorney and Youth & Recreation. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders XV. PUBLIC IMPROVEMENT PERMITS: 1. Resolution Re: Public Improvement Permit No Waterline Extension Evergreen Landing Subdivision phase 1 Toa Job No.: Council Members: Attached please find an application for a Waterline Public Improvement Permit properly filled out. Permit fee and inspection cost amount to $15, Two (2) checks will be sent to the Town Clerk, one for $ to be retained as a Permit Fee, and one (1) in the amount of $14,903.00, which will be sent to the Comptrollers Office by the Town Clerk to be held in escrow to cover the inspection cost. At this time we are asking for your approval of the application for PIP No Page 35 Town of Amherst

36 Regular Meeting of the Town Board Minutes February 4, /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 2. Resolution Re: Public Improvement Permit No Sanitary Sewer Evergreen Landing Subdivision Phase 1 TOA Job No.: Council Members: Attached please find an application for a Sanitary Sewer Public Improvement Permit properly filled out. Permit fee and inspection cost amount to $17, Two (2) checks will be sent to the Town Clerk, one for $ to be retained as a Permit Fee and one (1) in the amount of $17, which will be sent to the Comptrollers Office by the Town Clerk to be held in escrow to cover the inspection cost. At this time we are asking for your approval of the application for PIP No /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 3. Resolution Re: Public Improvement Permit No Storm Sewer Evergreen Subdivision Phase 1 Toa Job No.: Council Members: Attached please find an application for a Storm Sewer Public Improvement Permit properly filled out. Permit fee and inspection cost amount to $22, Page 36 Town of Amherst

37 Regular Meeting of the Town Board Minutes February 4, 2013 We are sending two (2) checks to the Town Clerk, one for $ to be retained as a Permit Fee, one in the amount of $22, which will be sent to the Comptrollers Office by the Town Clerk to be held in escrow to cover the inspection cost. At this time we are asking for your approval of the application for PIP No /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders 4. Resolution Re: Public Improvement Permit No Paving & Curbing Evergreen Landing Subdivision Phase 1 Toa Job No.: Council Members: Attached please find an application for a Pavement and Curbs Public Improvement Permit properly filled out. Permit fee and inspection cost amount to $33, We are sending two (2) checks to the Town Clerk, one for $ to be retained as a Permit Fee and one in the amount of $33, which will be sent to the Comptrollers Office by the Town Clerk to be held in escrow to cover the inspection cost. At this time we are asking for your approval of the application for PIP No /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 37 Town of Amherst

38 Regular Meeting of the Town Board Minutes February 4, 2013 XVI. PUBLIC EXPRESSION This is an opportunity for residents to comment on matters involving Amherst other than those pertinent to Public Hearings that day. Speakers will be limited to 3 minutes at either Public Expression. A motion to open Public Expression was made by Supervisor Weinstein, seconded by Councilmember Manna, unanimously approved 5-0. Public Expression was opened at 7:41 PM. Richard Berger, Esq., 403 Main St., Buffalo, spoke regarding Zoning Law. There were no further speakers from the public, therefore Supervisor Weinstein moved to close Public Expression, seconded by Deputy Supervisor Marlette, unanimously approved 5-0. Public Expression was closed at 7:46 PM. XVII. ADJOURNMENT: There being no further business to come before the Town Board, Supervisor Weinstein moved to adjourn, seconded by Deputy Supervisor Marlette and unanimously approved 5-0. The Town Board meeting of February 4, 2013 was adjourned at 7:47 PM. Page 38 Town of Amherst

39 9.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9773 RESOLUTION ADOPTED Support for NYS Assembly Bills A.88 and A Contact Information for Vacant Structures For Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: January 30, 2013 RE: SUPPORT FOR NYS ASSEMBLY BILLS A.88 and A CONTACT INFORMATION FOR VACANT STRUCTURES WHEREAS, vacant, abandoned, and foreclosed homes and structures have proliferated throughout New York State over the last five years; and WHEREAS, vacant structures that are not maintained for months at a time degrade and depreciate the value of the vacant structure as well as the value of surrounding properties; and WHEREAS, lending institutions that hold mortgages on said vacant structures do not always provide the contact information of a responsible party; and WHEREAS, Assembly Bill A.88 and Assembly Bill A.824, currently pending, would make it mandatory for lending institutions to provide contact information of responsible parties regarding vacant structures and require good faith in obtaining a foreclosure; and WHEREAS, the Amherst Town Board supports the passage of said Bills; now, therefore, BE IT RESOLVED that the Town of Amherst hereby supports the passage of said Bills and respectfully requests that the State Representatives who represents constituents in the Town of Amherst support the passage of said Bills; and BE IT FURTHER RESOLVED that certified copies of this Resolution be forwarded to Senator Michael Ranzenhofer and Assemblyman Raymond Walter. FINANCIAL IMPACT: None for resolution. Page 1 Packet Pg. 39

40 9.1 Resolution Meeting of February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 2 Town of Amherst Packet Pg. 40

41 9.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9783 RESOLUTION ADOPTED Opposition to Governor's Proposal to Restrict Use of Sales Tax Exemption as Incentive in Economic Development Projects Suspension Item #2 Suspension to February 4, 2013, Town Board Agenda TO: FROM: Town Board Town Clerk Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: OPPOSITION TO GOVERNOR S PROPOSAL TO RESTRICT USE OF SALES TAX EXEMPTION AS INCENTIVE IN ECONOMIC DEVELOPMENT PROJECTS WHEREAS, the Governor has proposed, as part of his Executive Budget, a provision that would greatly restrict the ability of local economic development agencies to use the exemption of state sales tax as part of economic development incentive packages to spur job creation projects; and WHEREAS, this provision restricts use of the sales tax exemption to just seven business categories of the Excelsior Jobs tax credit program; and WHEREAS, many economic development projects important to rural, suburban and urban areas including main business district redevelopment, tourism projects, small business projects, commercial redevelopment and adaptive re-use projects will not qualify under this new provision; and WHEREAS, projects that do qualify will now have to obtain the approval of Regional Development Councils and the Empire State Development Corporation, which will involve additional time and delay that could prove detrimental to development; and WHEREAS, projects that qualify for the sales tax exemption will receive the benefit as a future tax rebate after the project is completed and, therefore, will not be able to use the benefit as equity in securing private financing; and Page 1 Packet Pg. 41

42 9.2 Resolution Meeting of February 4, 2013 WHEREAS, the restrictions in the Governor s proposal will restrict an important tool for incentivizing projects identified in numerous plans crafted throughout the state by the Governor s own Regional Development Councils; now, therefore, BE IT RESOLVED that the Amherst Town Board does hereby go on record as opposed to this provision of the Governor s Executive Budget and requests that the Western New York Senate and Assembly delegation work to remove the provision from any final 2013/14 budget agreement; and BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor and every member of the Western New York delegation. FINANCIAL IMPACT: None for resolution. RESULT: ADOPTED [4 TO 1] MOVER: Guy R. Marlette, Deputy Supervisor SECONDER: Barry A. Weinstein, Supervisor AYES: Barry A. Weinstein, Guy R. Marlette, Barbara S. Nuchereno, Steven D. Sanders NAYS: Mark A. Manna Page 2 Town of Amherst Packet Pg. 42

43 9.3 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9784 RESOLUTION ADOPTED Emergency Authorization to Purchase Suspension Item #3 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: EMERGENCY AUTHORIZATION TO PURCHASE Oil Pump System - Plow Truck BE IT RESOLVED that the Town Board approves the emergency expenditure of $2, for the purchase of a replacement oil pump system for a plow truck for the Highway Department from the second lowest bidder, Kenworth of Buffalo. (Lowest bidder at $2, will not allow credit for purchases over $500.) Highway Department has only 36 trucks to cover 35 routes. FINANCIAL IMPACT: $2, from Account #D RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 43

44 9.3.a Attachment: OilPump (RES : Emergency Authorization to Purchase) Packet Pg. 44

45 9.4 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9785 RESOLUTION ADOPTED Proposal for Professional Services - Lixian Dai Suspension Item #4 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: PROPOSAL FOR PROFESSIONAL SERVICES - LIXIAN DAI BE IT RESOLVED that the Town Board approve the expenditure of $12, for professional services for GIS application development. Under the terms of this agreement, applications will be developed to assist and enhance field crew functionality with the sanitary and storm sewer systems. A flood zone related application will also be developed to streamline residential LOMA requests. FINANCIAL IMPACT: $12, from Account #A RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 45

46 9.4.a Attachment: Lixian (RES : Proposal for Professional Services - Lixian Dai) Packet Pg. 46

47 9.4.a Attachment: Lixian (RES : Proposal for Professional Services - Lixian Dai) Packet Pg. 47

48 9.5 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Building/Building Maintenance Initiated by: Thomas Ketchum Co-Sponsored by: Supervisor Barry A. Weinstein DOC ID: 9774 RESOLUTION ADOPTED Building Dept Vehicles Lease Extension Suspension Item #5 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: BUILDING DEPT. VEHICLES LEASE EXTENSION Whereas, the Town of Amherst leases five vehicles from the Basil Lease Corp.; and Whereas, the current leases expire on February 20, 2013; and Whereas, we have been informed that the delivery date for the purchase of new vehicles is approximately March 15, 2013 thereby necessitating a lease extension or other suitable alternative; and Whereas, the Basil Lease Corp. has agreed to a one-month extension of our current leases: Now Therefore, Be It Resolved, that the Town Board hereby agrees to a one-month lease extension for five vehicles at a cost of $ for a total cost of $1, to be charged to the B account. FINANCIAL IMPACT: $1, Account B RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 48

49 9.6 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor DOC ID: 9786 COMMUNICATION REFERRED Communication from Copier Fax Business Technologies, Inc. Suspension Item #6 Suspension to February 4, 2013, Town Board Agenda TO: Town Board Town Clerk FROM: Barry A. Weinstein, M.D., Supervisor DATE: February 4, 2013 RE: COMMUNICATION communication of February 1, 2013, from Al Scibetta, President, Copier Fax Business Technologies, Inc. 2/04/2013 Referred to Information Technology, Town Attorney, and Purchasing. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 49

50 9.6.a Attachment: copier fax_0001 (COM : Communication from Copier Fax Business Technologies, Inc.) Packet Pg. 50

51 9.7 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Councilmembers Initiated by: Barbara S. Nuchereno DOC ID: 9787 RESOLUTION ADOPTED Travel Expense for Association of Towns (For Suspension to February 4, 2013, Town Board Agenda) TO: FROM: RE: Town Board Barbara S. Nuchereno, Councilmember Travel Expense - Association of Towns Please approve travel expenses for Councilmember Barbara S. Nuchereno for the Association of Towns at an estimated cost of $1, FINANCIAL IMPACT: $1, RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Mark A. Manna, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 51

52 9.7.a Attachment: Nuchtravel_0001 (RES : Travel Expense for Association of Towns) Packet Pg. 52

53 11.A.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9746 RESOLUTION ADOPTED Supervisor's Citizen Advisory Committee BE IT RESOLVED that the number of members in the Supervisor s Citizen Advisory Committee be decreased from seven to five; and BE IT FURTHER RESOLVED that the following be reappointed by Supervisor Weinstein to serve on the committee for terms ending December 31, 2013: Darlene Torbenson, Chair of the Committee Ruth Barone Anthony J. Latona Jerome Schad Jon Zucarelli BE IT FURTHER RESOLVED that the Supervisor s Citizen Advisory Committee be assigned the task of completing their work on the town policy manual. 2/04/2013 Consent FINANCIAL IMPACT: N/A RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Barry A. Weinstein, Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 53

54 11.A.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9764 RESOLUTION WITHDRAWN Northtown Center at Amherst Hotel(S) RFP WHEREAS, the Recreation, Planning, and Legal Departments are developing a site concept for one or two hotels and a fifth ice sheet connected to the present building on the Northtown Center at Amherst site; now, therefore, BE IT RESOLVED that the Amherst Town Board authorizes an RFP for one or two hotels on the Northtown Center at Amherst site along Amherst Manor Drive. FINANCIAL IMPACT: To be determined. RESULT: WITHDRAWN Page 1 Packet Pg. 54

55 11.A.3 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor Initiated by: Barry A. Weinstein DOC ID: 9765 RESOLUTION ADOPTED Grant Writing Services WHEREAS, Amherst has a contract with Rotella Grant Management for grant writing at $1,800 per month with a 30-day cancellation clause; and WHEREAS, Amherst has issued an RFP for grant writing services and has had five responders, including the above; and WHEREAS, Amherst is desirous of employing several grant writers with experience in different areas; now, therefore, BE IT RESOLVED that the Amherst Town Board authorizes the Supervisor to cancel the present contract with Rotella Grant Management and negotiate new terms for Town Board approval; and BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts on a per grant hourly basis with any of the responders for a maximum of $2,500 per grant. 2/04/2013 Motion to Amend made by Supervisor Weinstein, seconded by Councilmember Manna, unanimously approved 5-0. Amendment adds the following: BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts pending review and approval by the Town Attorney and Comptroller as per the contract review process on a per grant hourly basis with any of the responders for a maximum of $2,500 per grant. A second Motion to Amend was made by Councilmember Sanders, seconded by Supervisor Weinstein, unanimously approved 5-0. Amendment adds the following: BE IT FURTHER RESOLVED that the Supervisor is authorized to negotiate and sign contracts pending review and approval by the Town Attorney and Comptroller as per the contract review process on a per grant hourly basis with any of the responders for a maximum of the lesser of $2,500 per grant or 20% of the grant value. See results in the box below for the vote on the overall Resolution. Approved as Amended (twice). FINANCIAL IMPACT: To be determined Page 1 Packet Pg. 55

56 11.A.3 Resolution Meeting of February 4, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED AS AMENDED [UNANIMOUS] Barry A. Weinstein, Supervisor Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Page 2 Town of Amherst Packet Pg. 56

57 11.B.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Councilmembers Initiated by: Guy R. Marlette DOC ID: 9750 RESOLUTION ADOPTED Planning Department Resolution Review Consolidation WHEREAS, the Amherst Town Board has passed numerous resolutions over the past several years directing the Planning Department to review various aspects of Regional Scale Commercial Zoning ( ), Redevelopment ( ), Building Design Criteria ( ), and Building Height ( ), and WHEREAS, the Amherst Town Board and the Planning Department considers all of the tasks described in the Resolutions as essential to the context-sensitive development and redevelopment of the Town s business districts, therefore be it RESOLVED, that in order to maximize our resources and personnel it is desired that the Building Height Review Committee be changed to the Commercial & Residential District Review Committee, and be it further RESOLVED, that the committee structure remain the same, but outside resources (i.e. Departments) be engaged as necessary, and be it further RESOLVED, that the committee also evaluate the use of contemporary context-sensitive planning and zoning practice such as Form Based Codes, Building Design Review, Commercial and Mixed-use Zoning patterns, and strategic residential neighborhood preservation. 2/04/2013 Consent FINANCIAL IMPACT: None RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 57

58 11.B.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Councilmembers Initiated by: Guy R. Marlette Co-Sponsored by: Supervisor Weinstein, Councilmember Sanders DOC ID: 9751 RESOLUTION ADOPTED ECO (Eggertsville Community Organization) PARK WHEREAS, the Eggertsville Community Organization continues to play a vital role in the growth, preservation, and security of the Eggertsville neighborhood, and WHEREAS, ECO s contribution to the Town and its western neighborhood merits permanent recognition, and WHEREAS, Crosby Circle provides a passive neighborhood park that also provides limited active recreation, now therefore be it RESOLVED, that, in recognition of the contributions of the Eggertsville Community Organization and its individual members, the Town Board hereby formally names the park at Crosby Circle as ECO (Eggertsville Community Organization) PARK, and be it further RESOLVED, that the Town Board hereby directs the Town Attorney with the assistance of the Planning Department to confirm the park boundaries and title, and be it further RESOLVED, that the Town Board hereby directs the Planning Department with the valued participation of the Eggertsville Community Organization to prepare an ECO Park Master Plan that insures the continuation of neighborhood-sensitive recreation activities. 2/04/2013 Consent FINANCIAL IMPACT: None RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 58

59 11.C.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Councilmembers Initiated by: Mark A. Manna DOC ID: 9766 RESOLUTION ADOPTED Stable Rate Contribution Option Opinion WHEREAS, the Governor of New York has proposed Stable Rate Pension Contribution Option local governments and school districts would be given the option to lock-in longterm, stable rate pension contributions for a period of years determined by the State Comptroller and the Teacher s Retirement System (TRS). The proposed stable rates would be 12% for the New York State Employees Retirement System (ERS), 12.5% for TRS, and 18.5% for the Police and Fire Retirement System (PFRS). Absent this option, the system average rates (inclusive of Group Life Insurance) would be 20.9% for ERS, 16.5% for TRS and 28.9% for PFRS, and WHEREAS, the proposed pension contribution rates under this program would reduce nearterm payments for employers, but will require higher than normal contributions in later years. The Governor s proposal describes this savings as a spin up of future savings from the implementation of Tier VI of the State Retirement System last year, now therefore be it RESOLVED, the Amherst Town Board request the Comptroller to offer her opinion on the fiscal impact of accepting or not accepting this option. 2/04/2013 Consent FINANCIAL IMPACT: None RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Mark A. Manna, Councilmember Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 59

60 11.D.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Councilmembers Initiated by: Richard "Jay" Anderson DOC ID: 9744 RESOLUTION ADOPTED Energy Conservation Citizens Advisory Committee BE IT RESOLVED that Ethel Petrou be appointed by Councilmember Richard Jay Anderson, Jr. to the Energy Conservation Citizens Advisory Committee for a term ending December 31, /04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 60

61 12.A.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Attorney Initiated by: E. Thomas Jones DOC ID: 9740 RESOLUTION ADOPTED 2013 Waterline Replacements C.I.P. Project E-16, E-17, E-18, E-23 Klein Road, Countryside Lane/Court, Summerview Road, Cottonwood Drive, Woodshire Court, Schimwood Drive/Court & Montbleu Drive/Court Bond Resolution : $3,750, AGENDA ITEM : FEBRUARY 4 TH, 2013 TO: FROM: RE: Town Board E. Thomas Jones, Esq., Town Attorney 2013 Waterline Replacements C.I.P. Project E-16, E-17, E-18, E-23 Klein Road, Countryside Lane/Court, Summerview Road, Cottonwood Drive, Woodshire Court, Schimwood Drive/Court & Montbleu Drive/Court Bond Resolution : $3,750, Kindly adopt the attached Order Calling Public Hearing regarding the above matter by scheduling a Public Hearing for the project on February 25, 2013 at 7:00 p.m. or an upcoming meeting deemed acceptable by the Town Board. Thank you. ETJ:msl Attachment c: Kathy Cooper, Deputy Town Clerk (w/attachment, Agenda Item : February 4, 2013) Marjory Jaeger, Town Clerk (w/attachment) Thomas C. Ketchum, P.E., Interim Town Engineer (w/attachment) Darlene A. Carroll, Comptroller (w/attachment) Ellen M. Kost, AICP, Associate Planner (w/attachment) Marc Bellacose, Senior Engineer Assistant (w/attachment) FINANCIAL IMPACT: Bond Resolution: $3,750, RESULT: MOVER: SECONDER: AYES: ROLL CALL VOTE (ADOPTED) [UNANIMOUS] Barry A. Weinstein, Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 61

62 12.A.1.a At a regular meeting of the Town Board of the Town of Amherst, in the County of Erie, New York, held at the Town Hall, 5583 Main Street, Williamsville, New York, on the 4th day of February, PRESENT: Hon. Barry A. Weinstein, Supervisor Richard Anderson, Councilman Guy R. Marlette, Deputy Supervisor/Councilman Mark A. Manna, Councilman Barbara S. Nuchereno, Councilwoman Steven D. Sanders, Councilman In the Matter of the Increase and Improvement of Facilities of Water District 15, in the Town of Amherst, in the County of Erie, New York, pursuant to Section 202-b of the Town Law Offered by: Seconded by: ORDER CALLING FOR A PUBLIC HEARING TO BE HELD ON FEBRUARY 25, 2013 Attachment: OCPH (RES : Set Bond PH: Waterline Replacements) WHEREAS, the Town Board of the Town of Amherst (herein called the Town ), in the County of Erie, New York, on behalf of Water District No. 15, in the Town (herein referred to as the District ), has caused the Town Engineering Department, engineers duly licensed by the State of New York (the Engineer ) to Packet Pg. 62

63 12.A.1.a prepare a map, plan and report dated January 2013 for the increase and improvement of facilities of the District, consisting of the replacement of existing watermains on Klein Road, Countryside Lane/Court and Summerview Road, Cottonwood Drive, Woodshire Court and Schimwood Drive/Court and Montbleu Drive/Court, including any ancillary or related work required in connection therewith; and WHEREAS, pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $3,750,000; and WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the project described herein may have on the environment, including review of a Short Environmental Assessment Form and has determined that such project is a Type II project which will not result in any significant adverse environmental impacts, pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5; NOW, THEREFORE, BE IT Attachment: OCPH (RES : Set Bond PH: Waterline Replacements) ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 5583 Main Street, Williamsville, New York, on the 25th day of February, 2013 at 7:00 P.M. o clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the Packet Pg. 63

64 12.A.1.a 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; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in the Amherst Bee, hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing, substantially in the form attached hereto as Exhibit A, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: February 4, 2013 TOWN BOARD OF THE TOWN OF AMHERST (SEAL) Attachment: OCPH (RES : Set Bond PH: Waterline Replacements) Packet Pg. 64

65 12.A.1.a which resulted as follows: The adoption of the foregoing Order was duly put to a vote on roll call, Supervisor Barry A. Weinstein Councilman Richard Anderson Deputy Supervisor/Councilman Guy R. Marlette Councilman Mark A. Manna Councilwoman Barbara S. Nuchereno Councilman Steven D. Sanders The Order was declared adopted. * * * * * voting voting voting voting voting voting Attachment: OCPH (RES : Set Bond PH: Waterline Replacements) Packet Pg. 65

66 12.A.1.a CERTIFICATE I, MARJORY JAEGER, Town Clerk of the Town of Amherst, in the County of Erie, State of New York, DO HEREBY CERTIFY that I have compared the preceding Order Calling for a Public Hearing with the original thereof filed in the office of the Town Clerk on the 4th day of February, 2013, and that the same is a true and correct copy of said original and of the whole thereof. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said Town on this day of February, Marjory Jaeger, Town Clerk Town of Amherst Attachment: OCPH (RES : Set Bond PH: Waterline Replacements) Packet Pg. 66

67 12.A.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Attorney Initiated by: E. Thomas Jones DOC ID: 9767 RESOLUTION ADOPTED Walmart Stores, Inc. V. Town of Amherst TO: FROM: Town Board E. Thomas Jones, Esq., Town Attorney DATE: January 30, 2013 RE: Tax Assessment Matter Walmart Stores, Inc. v. Town of Amherst 3290 Sheridan Drive, Amherst, New York Upon the recommendation of the Town Assessor and Special Counsel, kindly adopt a resolution approving the attached Settlement Order and authorizing the Town Supervisor to execute the same. Thank you. ETJ:nmb Attachment c: Ann Terranova, Interim Town Assessor (w/attachment) FINANCIAL IMPACT: Reduction in assessment to $13,350, RESULT: ADOPTED [4 TO 1] MOVER: Barry A. Weinstein, Supervisor SECONDER: Steven D. Sanders, Councilmember AYES: Barry A. Weinstein, Guy R. Marlette, Barbara S. Nuchereno, Steven D. Sanders NAYS: Mark A. Manna Page 1 Packet Pg. 67

68 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 68

69 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 69

70 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 70

71 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 71

72 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 72

73 12.A.2.a Attachment: SettlementOrderWalmart (RES : Walmart Stores, Inc. V. Town of Amherst) Packet Pg. 73

74 12.B.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk Initiated by: Kathleen Cooper DOC ID: 9768 RESOLUTION ADOPTED 2013 Snow Plow Permits Snowplow Permits for Agenda Date Feb. 4, 2013 Jeffrey Cutler # Fairways Boulevard Williamsville, NY Pfentner Landscaping #337-#338 Brian Pfentner 1125 Smith Road East Amherst, NY Blount Construction #339-# Sawyer Avenue Tonawanda, NY Summer Wind Lawn Maintenance #355 Steven Cracchiola 732 Klein Road Williamsville, NY /04/2013 Consent FINANCIAL IMPACT: Income to the Town. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 74

75 12.F.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Comptroller Initiated by: Darlene Carroll DOC ID: 9752 RESOLUTION ADOPTED Routine Transfers and Amendments For February 4, 2013 Town Board Agenda To: Town Board From: Office of Town Comptroller Date: 1/30/2013 Re: Various Department Budget Transfers / Amendments I have received the attached request(s) requiring budget transfers and / or amendments. Based on my review, I ask that the Town Board approve the attached list. BUDGET TRANSFERS A Engineering - Personal Services $12,500 A Contractual $12,500 Transfer of funds for consulting services. N Catholic Charities $ N Public Info / Advertising $ BUDGET AMENDMENTS N Amh. Rehab Single Fam. - PI $ N Contractual $ N Admin Program Delivery $45.00 N % Admin. $45.00 To recognize Community Development program income from 200 Palmdale Drive. 2/04/2013 Consent FINANCIAL IMPACT: none RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 75

76 12.F.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Comptroller Initiated by: Darlene Carroll DOC ID: 9753 RESOLUTION ADOPTED Transfer from Paving Project Contingency Please approve the following transfer to cover unexpected costs incurred during paving projects during 2012: INCREASE DECREASE K Paving - Construction $ K Paving - Contingency $ /04/2013 Consent FINANCIAL IMPACT: Funds available in Project RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 76

77 12.H.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Emergency Services Initiated by: Jim Zymanek DOC ID: 9755 RESOLUTION ADOPTED Travel Request Amherst Town Board approval requested to travel using a Town of Amherst Department Vehicle to the New York State Emergency Management Association's (NYSEMA) 2013 Winter Conference to be held at the Doubletree Hotel in Syracuse, New York. Departure to the conference would be February 12, 2013 with return after conclusion of seminars on February 13, Budget A-3641 would be used for all seminar and travel costs. 2/04/2013 Consent FINANCIAL IMPACT: approx. $ plus thruway tolls from A-3641and use of a Town Vehicle RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 77

78 12.H.1.a Attachment: Res.ID 9755, ES&S Travel Request Feb.2013_0001 (RES : Travel Request) Packet Pg. 78

79 12.I.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Engineering Initiated by: Thomas Ketchum DOC ID: 9754 RESOLUTION ADOPTED RE: Town of Amherst P.I.P. Inspections Agency Account Payment Authorization AG Councilmembers: An Agency Account (AG ) was created by the Comptroller s Office to maintain funds collected for P.I.P. inspection fees. Permit fees and inspection costs are made payable to the Town by the respective developers/contractors and deposited into the Agency Account. The funds collected are then used to pay inspection contractors who perform inspections on behalf of the Town. According to General Municipal Law, the Town Board must authorize payments to be made from Agency Accounts. Please approve authorization to spend up to $200, from Agency Account, AG for P.I.P. inspection services during the 2013 year. Thank you for considering this request. 2/04/2013 Consent FINANCIAL IMPACT: Please approve authorization to spend up to $200, from Agency Account, AG for P.I.P. inspection services during the 2013 year RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 79

80 12.I.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Engineering Initiated by: Thomas Ketchum DOC ID: 9760 RESOLUTION ADOPTED RE: Set Bid Date Townwide Fencing Procurements & Installs Town of Amherst Job No Councilmembers: Would you please set March 19, 2013 as the date to receive bids for the above referenced project? Bid specifications will be available in the Purchasing Director s Office on Wednesday, February 20, /04/2013 Consent Thank you for considering this request. FINANCIAL IMPACT: N/A RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 80

81 12.I.2.a Town of Amherst Engineering Department NOTICE TO BIDDERS Townwide Fencing Procurements & Installations Sealed bids for the above mentioned project in the Town of Amherst will be received by the Purchasing Director at his office in the Municipal Building, Williamsville, New York on or before 12:30 P.M. local time on the 19 th of March, 2013, at which time they will be publicly opened and read aloud in the Council Chambers, Amherst Municipal Building, 5583 Main Street, Williamsville, New York. Three (3) copies of each Bid are required to be enclosed in an opaque sealed envelope plainly marked on the outside with the name of the Bidder, his address, the name of the Project, and the contract name or number. Specifications may be obtained or examined at the office of the Purchasing Director of the Town of Amherst between the hours of 8:00 A.M. and 4:00 P.M., from February 20, 2013 to March 19, 2013, except Saturdays, Sundays and Holidays. Proposals shall be made and received upon the following conditions: Each proposal must be accompanied by the deposit of a certified check, payable to the Town of Amherst, or a bond in a penal sum equal to twenty-five hundred dollars ($2,500), conditioned that if the proposal is accepted, that he will execute within fifteen (15) days from the date of the acceptance of the proposal, a suitable security bond in the amount of the Contract, conditioned for the faithful and prompt performance and completion of the Work specified in the Contract. Upon acceptance of his Bid, if the successful bidder fails to enter into a Contract pursuant to the requirements of the Contract Documents, or fails to give the further security prescribed in this Notice, with the same time limited therein, then the check/bond deposited as aforesaid and the monies standing to the credit of the same, shall be forfeited to the Town as liquidated damages, or the payment of the bond enforced for the benefit of the Town. The Town of Amherst reserves the right to waive informalities in or to reject any and all bids. Date: February 20, 2013 By the Order of the Town Board of Amherst, Erie County, New York Attachment: Fence Installation NTB (RES : SBD - Townwide Fencing Procurements & Installs) Packet Pg. 81

82 12.I.3 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Engineering Initiated by: Thomas Ketchum DOC ID: 9762 RESOLUTION ADOPTED Re: SET BID DATE Countryside & Summerview Waterline Replacement Town of Amherst Job No Councilmembers: We are requesting that the date of Tuesday, March 5, 2013 be set to receive bids for the above referenced project. Plans and specifications will be available in the Purchasing Department office on February 13, Funding will be available subsequent to the bond public hearing on February 25, Thank you for considering this request. 2/04/2013 Consent FINANCIAL IMPACT: Funding will be available subsequent to the bond public hearing on February 25, 2013 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 82

83 12.I.3.a NOTICE TO BIDDERS COUNTRYSIDE LANE/COURT & SUMMERVIEW DRIVE WATERMAIN REPLACEMENT IN THE TOWN OF AMHERST TOWN JOB NO Sealed bids for the above mentioned project in the Town of Amherst will be received by the Purchasing Department in the Amherst Municipal Building on or before 12:30 P.M. local time on the 5 th of March, 2013, at which time they will be publicly opened and read aloud in the Council Chambers, Amherst Municipal Building, 5583 Main Street, Williamsville, New York. Three (3) copies of each Bid are required to be enclosed in an opaque, sealed envelope plainly marked on the outside with the name of the Bidder, his address, the name of the Project and the contract name or number. Plans and Specifications may be obtained or examined at the office of the Purchasing Director of the Town of Amherst between the hours of 8:00 A.M. and 4:00 P.M., from February 13 th, 2013 to March 5 th, 2013, except Saturdays, Sundays and Holidays. A deposit of $ per set is required [two (2) checks of $50.00 each payable to the Town of Amherst]. Bidders and non-bidders will receive a refund of the entire deposit upon returning plans and specifications in good condition within thirty (30) days of the bid opening. Proposals shall be made and received upon the following conditions: Each proposal must be accompanied by the deposit of a certified check, payable to the Town of Amherst, for a sum equal to five percentum (5%) of the total amount of the Bid, or a bond with sufficient sureties in a penal sum equal to five percentum (5%) of such total bid amount, conditioned that if the proposal is accepted, that he will execute within fifteen (15) days from the date of the acceptance of the proposal, a suitable security bond in the amount of the Contract, conditioned for the faithful and prompt performance and completion of the Work specified in the Contract. Upon acceptance of his Bid, if the successful bidder fails to enter into a Contract pursuant to the requirements of the Contract Documents, or fails to give the further security prescribed in this Notice, with the same time limited therein, then the check deposited as aforesaid and the monies standing to the credit of the same, shall be forfeited to the Town as liquidated damages, or the payment of the bond enforced for the benefit of the Town. The Town of Amherst reserves the right to waive informalities in or to reject any and all bids. Consulting Engineers: Marquis Engineering, P.C Seneca Street West Seneca, NY (716) Date: February 13, 2013 By the Order of the Town Board of Amherst, Erie County, New York Attachment: Countryside & Summerview WL NTB (RES : SBD - Countryside & Summerview Waterline Replacement) NTB-1 Packet Pg. 83

84 12.I.4 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Engineering Initiated by: Thomas Ketchum DOC ID: 9763 RESOLUTION ADOPTED RE: Notification of Emergency Purchase 2 Lift Station Pumps Fluid Kinetics of Orchard Park, NY Councilmembers: This correspondence serves to provide notification to the Town Board of an Emergency Purchase authorized by the Town Supervisor on Thursday, January 24, 2013, for the purchase of 2 replacement lift station pumps from Fluid Kinetics of Orchard Park, NY at a total cost of $3, Fluid Kinetics was the lowest cost of 3 written quotes provided. Earlier that week, pumps at the Brompton and Dearborn lift stations failed due to an excessive amount of rags caught in the pump impellers. Following the pump failures, these stations were operating with only 1 pump, providing no operational redundancy, and thus constituting a public emergency. A public emergency as defined by Section of the GML, is an unforeseen occurrence whereby circumstances affecting public buildings, public property or the life, health, safety of property of the inhabitants of a political subdivision or district therein, require immediate action which cannot await competitive bidding, contracts for public work or the purchase of supplies, material or equipment may be let by the appropriate officer, board or agency of a political subdivision or district therein. The Town Supervisor/Purchasing Director, with his approval of the attached request, deemed this situation a public emergency, and therefore approved a one-time waiver of the approved purchasing policy requirements. The WPCF has subsequently initiated a public bid for purchases of this kind in the future. This bid opening is currently scheduled for February 19, Funding for the above emergency purchase is available in the WPCF Operating Budget Account #G /04/2013 Consent FINANCIAL IMPACT: Funding for the above emergency purchase is available in the WPCF Operating Budget Account #G RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 84

85 12.I.4.a Attachment: Purchasing Pre-Approval Form (RES : Notification of Emergency Purchase) Packet Pg. 85

86 12.I.4.a Attachment: Purchasing Pre-Approval Form (RES : Notification of Emergency Purchase) Packet Pg. 86

87 12.I.4.a Attachment: Purchasing Pre-Approval Form (RES : Notification of Emergency Purchase) Packet Pg. 87

88 12.K.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Human Resources Initiated by: Robert McCarthy Co-Sponsored by: Nuchereno, Weinstein, Marlette, Manna, Anderson, Sanders DOC ID: 9742 RESOLUTION ADOPTED Police Attendant - PT/Police (3 Positions) Police Attendant - PT/Police (3 Positions), Effective February 11, 2013, Temporary, $10.65 ph, Step 1. On-call positions for Maura Mayer, Heather Cepuchowski, and Amanda Sabin-Kromphardt. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 88

89 12.M.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk Initiated by: Kathleen Cooper DOC ID: 9571 RESOLUTION ADOPTED Decision Date: 4150 Rensch Road from RD to MFR-6 Adoption of Local Law to Amend the Zoning Map (4150 Rensch Road; Z ) RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the requirements of SEQR have been completed and the Town Board issues the attached Negative Declaration, and be it further RESOLVED, that pursuant to NYS Town Law Sec.272-a, the Town Board concurs with the findings of the Planning Board as stated in their resolution of November 15, 2012 that the proposed Multi-Family Residential District Six (MFR-6) zoning at 4150 Rensch Road is consistent with the adopted Bicentennial Comprehensive Plan, as amended, and be it further RESOLVED, that to the extent the proposed zoning is not consistent with the adopted Comprehensive Plan, the plan is hereby amended to be consistent with the proposed zoning at this location, and be it further RESOLVED, that in accordance with Section of the Town Code (Zoning), the Town Board adopts Local Law (#) to amend the Town Zoning map. 1/7/2013 A motion to open the Public Hearing was made by Deputy Supervisor Marlette, seconded by Councilmember Manna, unanimously approved 6-0. The Public Hearing was opened at 7:13 PM. Corey Auerbach, Esq. From Damon Morey, representing Boncrest Dev., presented this 7 unit, 5300 square foot project and answered questions from the Board. Jim Tricoli, Columbia Dr. Questioned the size of the units for the proposed project. There being no further speakers from the public, Supervisor Weinstein moved to close the Public Hearing, seconded by Deputy Supervisor Marlette, unanimously approved 6-0. The Public Hearing was closed at 7:15 PM. Jonathan E. Bennett, Architect, answered questions from the Board regarding the square footage, unit design, and minimum lot area for the apartment building. Thomas Ketchum, Building Commissioner, advised that based on the number of bedrooms in each unit and the minimum unit size (1,000 square feet for a 3 bedroom unit and 760 square feet for a 2 bedroom unit) that the minimum square footage required is 5,800. Page 1 Packet Pg. 89

90 12.M.1 Resolution Meeting of February 4, 2013 Councilmember Nuchereno questioned if, in order for them to work out the square footage issues they have to turn this into a 6 or 5 unit complex, the client would still be willing to proceed. Deputy Supervisor Marlette advised that when faced with a rezoning the Board likes to see what the project is and what it's going to look like; that what they're voting on is what they're going to see. He would like to insure no variances are sought for the square footage required, or that this development doesn't become 8 units. The Board can provide deed restrictions that go along with the rezoning and may limit it to no more than 7 units and no less than the minimum required square footage. Corey Auerbach stated that they agreeable to alternative options; they are committed to staying within the confines of the Code and will check alternatives. Jonathan Bennett said they will refine the floor plan, given the confines of the building. Councilmember Manna was not willing to vote at this meeting; he would like a letter from the owner stating what they are willing to agree to, as far as deed restrictions, and would like it on record that they will not seek variances for the number of units and square footage. Councilmember Sanders wants to make sure they are not eliminating the lot width and frontage requirements with this rezoning. Supervisor Weinstein moved to Table the Public Hearing, seconded by Councilmember Anderson. Motion fails 3-3 (Manna, Nuchereno, Marlette, nay). Councilmember Manna moved to set a Decision Date for February 4, 2013, seconded by Councilmember Anderson, approved 5-1 (Weinstein, nay). 2/04/2013 Councilmember Sanders restated that they have been advised by the applicant that the only variance that they're looking to get is for the lot width and there is no other variance that they are approving. See results in the box below for the vote on the Resolution. FINANCIAL IMPACT:. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Mark A. Manna, Councilmember Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Page 2 Town of Amherst Packet Pg. 90

91 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 91

92 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 92

93 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 93

94 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 94

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96 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 96

97 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 97

98 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 98

99 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 99

100 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 100

101 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 101

102 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 102

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110 12.M.1.a Attachment: TBL-Z-4150Rensch-2 (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 110

111 12.M.1.b Attachment: 4150 Rensch Road (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 111

112 12.M.1.b Attachment: 4150 Rensch Road (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 112

113 12.M.1.b Attachment: 4150 Rensch Road (RES : Decision Date: Rezoning of 4150 Rensch Road) Packet Pg. 113

114 12.M.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Planning Initiated by: Eric Gillert DOC ID: 9738 RESOLUTION ADOPTED To Adopt the 2013 CDBG/HOME Action Plan and to Direct the Supervisor to Submit the Plan to HUD WHEREAS, the Town has prepared an Action Plan delineating the use of CDBG and HOME funds for Fiscal Year 2013 to address housing and community development needs identified in the 5-Year Consolidated Plan; and WHEREAS, the Town has complied with HUD requirements that at least two public hearings be held to advise citizens of the availability of CDBG and HOME funds for Fiscal Year 2013, now, therefore, be it RESOLVED that the Amherst Town Board hereby adopts the 2013 CDBG/HOME Action Plan for April 1, 2013-March 31, 2014, as provided to the Town Board prior to this meeting and directs the Supervisor to act as official representative of the Town in submitting the Action Plan and amendments thereto, all understandings and assurances contained therein, and directs and authorizes him to act in connection with the submission of the Action Plan and to provide such additional information as may be required by the Department of Housing and Urban Development. 2/04/2013 Consent FINANCIAL IMPACT: Adoption of the proposed resolution involves no local monetary consideration and will have no impact on the Town Budget or tax rate. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 114

115 12.N.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Police Initiated by: John Askey DOC ID: 9733 RESOLUTION ADOPTED Tactical Training Conference Verona, New York April 22, 2013 to April 25, 2013 $2734 Request Town Board approval to send four (4) Police Officers to attend Tactical training held in Verona, NY April 23 to April 25, /04/2013 Consent FINANCIAL IMPACT: Funding provided in the 2013 Police Office Budget A $50 / A $20.00 / A $2664 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 115

116 12.O.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Purchasing Initiated by: Barry A. Weinstein DOC ID: 9749 RESOLUTION ADOPTED Award of Bid # Electric Ice Surfacers - Recreation WHEREAS, the Purchasing Department received bids on January 24, 2013 for the purchase of Electric Ice Surfacers; and WHEREAS, the bid process resulted in responses from three (3) vendors with the lowest responsible bid received from Resurfice Corp., 25 Oriole Parkway East, Elmira, Ontario N3B 3A9, as identified in the attached bid analysis; NOW THEREFORE BE IT RESOLVED, the Town Board authorizes the Purchasing Department to award the bid for two (2) Electric Ice Surfacers at a price of $157,000 each, for a total of $314,000. 1% discount if paid within seven days.. 2/04/2013 Consent FINANCIAL IMPACT: CIP Bond and Account ER 7140 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 116

117 Bid # Electric Ice Resurfacer Bid Opening 12:30 pm Vendor Name: Joe Johnson Zamboni Resurfice Corp Item # Qty Description Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended 1 1 Electric Ice Surfacer - $154, $154, $144, $144, $159, $159, Laser System $21, $21, Alt 2 Alternate A-additional machine $148, $297, $144, $289, $157, $314, Laser System $21, $43, Electric Ice Surfacer - $174, $174, Alternate A-additional machine $171, $343, Packet Pg. 117 Page 1 of 1 Attachment: Bid Tab Electric Ice Surfacer (RES : Award of Bid # Electric Ice Surfacers - Recreation) 12.O.1.a

118 12.O.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Purchasing Initiated by: Barry A. Weinstein DOC ID: 9761 RESOLUTION DEFEATED Municipal Milling and Maintenance Contract To: Town Board From: Barry A. Weinstein, M.D., Interim Purchasing Director Date: January 30, 2013 Re: Municipal Milling and Maintenance, LLC Contract for Construction and Maintenance Bid: Section 8: Milling Town Roads, Option A Kindly adopt a Resolution authorizing the Supervisor to sign a contract with Municipal Milling and Maintenance with respect to the above matter. Kindly adopt a Resolution authorizing the Comptroller to pay any outstanding invoices owed to this vendor under this Contract. Thank you. 2/04/2013 A motion to separate the items to contract approval and payment approval made by Deputy Supervisor Marlette, seconded by Supervisor Weinstein. Motion fails 2-3 (Weinstein, Manna, Nuchereno, nay). See results in the box below for the vote on the overall Resolution. FINANCIAL IMPACT: Financial Impact: Outstanding Invoices D , D and K RESULT: DEFEATED [3 TO 2] MOVER: Barry A. Weinstein, Supervisor SECONDER: Mark A. Manna, Councilmember AYES: Barry A. Weinstein, Mark A. Manna, Barbara S. Nuchereno NAYS: Guy R. Marlette, Steven D. Sanders Page 1 Packet Pg. 118

119 12.O.2.a Attachment: MunicipalMillingOptionAContract (RES : Municipal Milling and Maintenance Contract) Packet Pg. 119

120 12.O.2.a Attachment: MunicipalMillingOptionAContract (RES : Municipal Milling and Maintenance Contract) Packet Pg. 120

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125 12.O.2.a Attachment: MunicipalMillingOptionAContract (RES : Municipal Milling and Maintenance Contract) Packet Pg. 125

126 12.Q.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Senior Services Initiated by: Pamela M Krawczyk DOC ID: 9735 RESOLUTION ADOPTED 2013 Nutrition Contract Amendment We request an Amendment to the 2013 Nutrition Contract between Erie County and the Town of Amherst, on behalf of Amherst Senior Services. The date of the contract runs from January 1, December 31, 2013, and was originally approved for the Supervisor s signature at the Town Board meeting of Monday, November 19, Amendments include changes to Schedule E, which increases the per-meal reimbursement by $0.20 /meal from $4.16 to $4.36 /meal served; and a revision in language at the Erie County Attorney's request concerning NYS Executive Order 38 (Section 7.18), which has no financial impact. 2/04/2013 Consent FINANCIAL IMPACT: Amend to increase Revenue over original contract; not to exceed $90,000. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 126

127 12.Q.1.a Packet Pg. 127 Attachment: 2013 Nutrition Contract Amendment (RES : 2013 Nutrition Contract Amendment)

128 12.Q.1.a Packet Pg. 128 Attachment: 2013 Nutrition Contract Amendment (RES : 2013 Nutrition Contract Amendment)

129 12.Q.1.a Packet Pg. 129 Attachment: 2013 Nutrition Contract Amendment (RES : 2013 Nutrition Contract Amendment)

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140 12.Q.1.a Packet Pg. 140 Attachment: 2013 Nutrition Contract Amendment (RES : 2013 Nutrition Contract Amendment)

141 12.Q.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Senior Services Initiated by: Pamela M Krawczyk DOC ID: 9747 RESOLUTION ADOPTED 2013 Class Instructor/Sub-Contractor Commitment Form We respectfully request approval for the Supervisor to sign the 2013 Class Instructor/Sub- Contractor Commitment Form between the Town of Amherst (Amherst Senior Services Department) and Jerry S. Kelly, on a per trimester contract period, as needed. Mr. Kelly is being hired to replace an Artist/Instructor who recently passed away. The contract period is per trimester, as needed, beginning with the 2013 Winter Trimester. 2/04/2013 Consent FINANCIAL IMPACT: $20.00.per hour, for six, 2 1/2 hour classes per week for the Winter trimester totalling $ Money is in the budget. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 141

142 12.Q.2.a Packet Pg. 142 Attachment: Class Instructor Sub-Contract Commitment form - Jerry Kelly (RES : 2013 Class

143 12.Q.3 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Senior Services Initiated by: Pamela M Krawczyk DOC ID: 9748 RESOLUTION ADOPTED 2013 Class Instructor/Sub-Contractor Commitment Form We respectfully request approval for the Supervisor to sign the 2013 Class Instructor/ Sub-Contractor Commitment Form between the Town of Amherst (Amherst Senior Services Department) and Beverly Randall, on a per trimester contract period, as needed. Ms. Randall is being hired to replace both an Instructor with health issues and a Temporary Instructor. The contract period is per trimester, as needed, beginning with the 2013 Spring/Summer Trimester. 2/04/2013 Consent FINANCIAL IMPACT: $25.00.per hour, for fourteen, 1 1/2 hour sessions, 2 times per week for the Spring/Summer Trimester, totalling $1, Money is in the budget. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 143

144 12.Q.3.a Packet Pg. 144 Attachment: Class Instructor Sub-Contractor Commitment form - Beverly Randall (RES : 2013

145 12.R.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Youth & Recreation Initiated by: Mary Diana Pouli DOC ID: 9689 RESOLUTION ADOPTED Lease Amendment Authorize a lease amendment between the Town of Amherst (Youth & Recreation Department) and the Resource Training Center for space rental at the Harlem Road Community Center through 6/30/14. 2/04/2013 Consent FINANCIAL IMPACT: A $2, annual revenue RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 145

146 12.R.1.a Attachment: 2013 Resource Training Center Amendment (RES : Lease Amendment) Packet Pg. 146

147 12.R.1.a Attachment: 2013 Resource Training Center Amendment (RES : Lease Amendment) Packet Pg. 147

148 13.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk Initiated by: Kathleen Cooper DOC ID: 9380 RESOLUTION COMPLETED Public Hearing: Sidewalk Installation 52 & 58 Youngs Road and 1 & 9 Turnberry Drive. Installation of Sidewalk Property located at 52 & 58 Youngs Road and 1 & 9 Turnberry Drive RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the subject action has been classified as a Type II action and no further review is required, and be it further RESOLVED, that the proposed sidewalk installation request is consistent with the adopted Comprehensive Plan, and be it further RESOLVED, that the Town Board in accordance with Section of the Building Construction Administration Code orders a 5-ft. wide concrete sidewalk to be installed along the Youngs Road frontage of the following parcels: 52 Youngs Road SBL# Youngs Road SBL# Turnberry Drive SBL# Turnberry Drive SBL# and be it further RESOLVED, that the Town Board orders a 4-ft. wide concrete sidewalk to be installed in the northeast corner of 1 Turnberry Drive to provide a continuous sidewalk on the south side of Turnberry Drive to Youngs Road, and be it further RESOLVED, that the sidewalk installation shall occur prior to May 31, /05/2012 A motion was made by Deputy Supervisor Marlette to open the Public Hearing, seconded by Councilmember Sanders, unanimously approved 6-0. The Public Hearing was opened at 7:42 PM. Eric Gillert, Planning Director, presented and answered questions from the Town Board. Andrew Ponkow, Turnberry Dr., spoke in favor of the sidewalk installation. Peter O'Brien, Turnberry Dr., is in favor, but wants the homeowner's treated fairly. Tom Frank, Evans St. had comments. Supervisor Weinstein requested resident, Tom Frank, to allow neighbors to speak, and he refused to leave the podium, Supervisor Weinstein asked Asst. Chief Cohen to remove Mr. Frank from the meeting. Councilmember Manna objected and challenged the ruling of the Chair. Roll call vote taken on whether the ruling of the Chair should be overturned: Weinstein, no; Marlette, no; Manna, yes; Anderson, Page 1 Packet Pg. 148

149 13.1 Resolution Meeting of February 4, 2013 yes; Nuchereno, no; Sanders, no (4-2). Mr. Frank was escorted from the Town Board meeting. Don Postles, Turnberry Dr., questioned how much safer a pedestrian would be with a sidewalk installed. There being no further speakers from the public, Supervisor Weinstein moved to close the Public Hearing, seconded by Deputy Supervisor Marlette, unanimously approved 6-0. The Public Hearing was closed at 7:54 PM. 12/17/2012 Motion made by Deputy Supervisor Marlette to remove from Unfinished Business, seconded by Councilmember Sanders, unanimously approved 6-0. Motion to amend made by Deputy Supervisor Marlette, seconded by Councilmember Nuchereno, unanimously approved 6-0. Amendment adds the following: "BE IT RESOLVED, that the Amherst Town Board carries over on to the 2013 agenda as Unfinished Business." See results in the box below for the vote of Tabled as Amended. 2/25/2013 See results in the box below for the vote of Received and Filed. FINANCIAL IMPACT:. RESULT: MOVER: SECONDER: AYES: RECEIVED & FILED [UNANIMOUS] Barry A. Weinstein, Supervisor Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Anderson, Nuchereno, Sanders Page 2 Town of Amherst Packet Pg. 149

150 13.1.a Attachment: sidewalk support (RES : Public Hearing: Sidewalk Installation) Packet Pg. 150

151 13.1.a Attachment: sidewalk support (RES : Public Hearing: Sidewalk Installation) Packet Pg. 151

152 13.1.a Attachment: sidewalk support (RES : Public Hearing: Sidewalk Installation) Packet Pg. 152

153 13.1.a Attachment: sidewalk support (RES : Public Hearing: Sidewalk Installation) Packet Pg. 153

154 13.1.a Attachment: sidewalk support (RES : Public Hearing: Sidewalk Installation) Packet Pg. 154

155 13.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk Initiated by: Kathleen Cooper DOC ID: 9417 RESOLUTION ADOPTED Public Hearing - Rezoning of 32 Livingston Pkwy. from GB to R-3 Adoption of Local Law to Amend the Zoning Map (32 Livingston Parkway; Z ) RESOLVED, that pursuant to 6NYCRR Part 617 (SEQR) and Town Code Section 104, as amended, that the requirements of SEQR have been completed and the Town Board issues the attached Negative Declaration, and be it further RESOLVED, that pursuant to NYS Town Law Sec.272-a, the Town Board concurs with the findings of the Planning Board as stated in their resolution of September 20, 2012 that the proposed Residential District Three (R-3) zoning at 32 Livingston Parkway is consistent with the adopted Bicentennial Comprehensive Plan, as amended, and be it further RESOLVED, that to the extent the proposed zoning is not consistent with the adopted Comprehensive Plan, the plan is hereby amended to be consistent with the proposed zoning at this location, and be it further RESOLVED, that in accordance with Section of the Town Code (Zoning), the Town Board adopts Local Law (#) to amend the Town Zoning. 11/19/2012 A motion was made by Deputy Supervisor Marlette to open the Public Hearing, seconded by Councilmember Sanders, unanimously approved 5-0. The Public Hearing was opened at 7:16 PM. Jeffrey Palumbo, Esq., representing the Livingston Parkway Assn. presented and answered questions from the Town Board. The following residents spoke in favor of the rezoning: Jim Tricoli, 4 Columbia Dr. Michael Lowiec, 4831 Main St. Ray Paolini, 38 Livingston Pkwy. Michele Marconi, 35 Livingston Pkwy. Thomas Frank, Evans St. Robert Gleichenhaus, 50 Rankin Rd. There being no further speakers from the public, Deputy Supervisor Marlette moved to close the Public Hearing, seconded by Councilmember Sanders, unanimously approved 5-0. The Public Hearing was closed at 7:36 PM. Discussion of Protest Petition and correct boundaries. Councilmembers Nuchereno and Sanders prefer to hold vote until the boundary issue is settled. Page 1 Packet Pg. 155

156 13.2 Resolution Meeting of February 4, 2013 Supervisor Weinstein stated that this should be Tabled for a Decision Date. The Board can set the Decision Date when the legal description is resolved. And the second issue is the Protest Petition that was filed this morning. Attorney Palumbo wishes to state for the record that he "disagrees with the Town Attorney's position". He has "presented a legal description and a survey, certified by a surveyor who certified where the line is, that's what's before the Board". However, he has "no objection to Tabling while they attempt to work things out". See results in the box below for the vote on the Resolution. 3/11/2013 After discussion and vote under Resolution , Supervisor Weinstein made a motion to Receive and File Resolution The motion was seconded by Councilmember Manna, motion fails 3-2 (Weinstein, Marlette). Item remains on Unfinished Business. See Resolution for further information. Results for the final vote for rezoning listed in the box below. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Barry A. Weinstein, Supervisor Guy R. Marlette, Deputy Supervisor Weinstein, Marlette, Manna, Nuchereno, Sanders Richard "Jay" Anderson Page 2 Town of Amherst Packet Pg. 156

157 14.1 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor DOC ID: 9736 COMMUNICATION APPROVED Multiple Sclerosis Awareness Week correspondence from Nicole Burroughs in regard to Multiple Sclerosis Awareness Week. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 157

158 14.1.a Attachment: (COM : Multiple Sclerosis Awareness Week) Packet Pg. 158

159 14.2 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor DOC ID: 9739 COMMUNICATION APPROVED Williamsville Library Gala communication of January 15, 2013, from Jeffrey F. Voelkl seeking permissions for February 8, 2013, Williamsville Library Gala. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 159

160 14.2.a Attachment: (COM : Williamsville Library Gala) Packet Pg. 160

161 14.3 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk DOC ID: 9741 COMMUNICATION APPROVED Request for Public Hearing: Rezoning and Relief of Conditions for 9450 Transit Road Letter from Attorney Sean W. Hopkins requesting a Public Hearing date for the rezoning and relief of conditions for 9450 Transit Road. 2/04/2013 Consent for March 4, 2013 RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 161

162 14.3.a Attachment: 9450 Transit_0001 (COM : Request to Set Public Hearing Date for 9450 Transit Road Rezoning) Packet Pg. 162

163 14.4 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk DOC ID: 9743 COMMUNICATION APPROVED Request for Public Hearing: Rezoning of 460 Casey Road Letter from Corey A. Auerbach, Damon Morey LLP, requesting a Public Hearing date for the rezoning of 460 Casey Road. 2/04/2013 Consent for March 4, RESULT: MOVER: SECONDER: AYES: APPROVED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 163

164 14.4.a Attachment: 460 Casey_0001 (COM : Request for Public Hearing: Rezoning of 460 Casey Road) Packet Pg. 164

165 14.5 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Supervisor DOC ID: 9745 COMMUNICATION RECEIVED & FILED Williamsville Primary Care Center Letter of January 18, 2013, from James M. Millard, President & CEO, Kenmore Mercy Hospital, in regard to closing of Williamsville Primary Care and Diagnostic Center. 2/04/2013 Consent RESULT: MOVER: SECONDER: AYES: RECEIVED & FILED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 165

166 14.5.a Attachment: (COM : Williamsville Primary Care Center) Packet Pg. 166

167 14.6 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk DOC ID: 9769 COMMUNICATION REFERRED Notice of Claim: National Fuel Gas Distribution Corp. Vs. Town of Amherst Highway Dept. 2/04/2013 Consent to refer to Town Attorney. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 167

168 14.6.a Attachment: noc - national fuel (COM : Notice of Claim: National Fuel Gas Distribution Corp. Vs. Town of Amherst Highway Dept.) Packet Pg. 168

169 14.6.a Attachment: noc - national fuel (COM : Notice of Claim: National Fuel Gas Distribution Corp. Vs. Town of Amherst Highway Dept.) Packet Pg. 169

170 14.6.a Attachment: noc - national fuel (COM : Notice of Claim: National Fuel Gas Distribution Corp. Vs. Town of Amherst Highway Dept.) Packet Pg. 170

171 14.7 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk DOC ID: 9770 COMMUNICATION REFERRED Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Vs. Town of Amherst Et Al 2/04/2013 Consent to refer to Town Attorney. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 171

172 14.7.a Attachment: affirmation - suntrust mortgage (COM : Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Packet Pg. 172

173 14.7.a Attachment: affirmation - suntrust mortgage (COM : Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Packet Pg. 173

174 14.7.a Attachment: affirmation - suntrust mortgage (COM : Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Packet Pg. 174

175 14.7.a Attachment: affirmation - suntrust mortgage (COM : Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Packet Pg. 175

176 14.7.a Attachment: affirmation - suntrust mortgage (COM : Notice of Motion for Summary Judgment and Affirmation: Suntrust Mortgage, Inc. Packet Pg. 176

177 14.8 Town of Amherst Marjory Jaeger 5583 Main Street Town Clerk Williamsville, NY Meeting: 02/04/13 07:00 PM Department: Town Clerk DOC ID: 9772 COMMUNICATION REFERRED Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal Youth Programs 2/04/2013 Consent to refer to Town Attorney and Youth & Recreation. RESULT: MOVER: SECONDER: AYES: REFERRED [UNANIMOUS] Guy R. Marlette, Deputy Supervisor Steven D. Sanders, Councilmember Weinstein, Marlette, Manna, Nuchereno, Sanders Page 1 Packet Pg. 177

178 14.8.a O FFICE OF THE NEW YORK STATE COMPTROLLER DIVISION OF LOCAL GOVERNMENT & SCHOOL ACCOUNTABILITY Background Checks at Municipal Youth Programs 2012-MS-5 Thomas P. DiNapoli Attachment: Youth Background FINAL (COM : Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal Packet Pg. 178

179 14.8.a Table of Contents AUTHORITY LETTER 2 EXECUTIVE SUMMARY 3 INTRODUCTION 5 Background 5 Objective 7 Scope and Methodology 7 Comments of Local Officials 7 BACKGROUND CHECK PROCESS 8 Non-Mandated Reference Checks 8 Mandated Reference Checks 11 Recommendation 13 APPENDIX A Responses From Local Officials 14 APPENDIX B Audit Methodology and Standards 16 APPENDIX C Processes for Background Checks 17 APPENDIX D Employees, Volunteers and Contractors by Municipality 19 APPENDIX E How to Obtain Additional Copies of the Report 20 APPENDIX F Local Regional Office Listing 21 Page Attachment: Youth Background FINAL (COM : Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 1 Packet Pg. 179

180 14.8.a Division of Local Government and School Accountability January 2013 Dear Local Government Officials: A top priority of the Office of the State Comptroller is to help officials manage resources efficiently and effectively and, by so doing, provide accountability for tax dollars spent to support operations. The Comptroller oversees the fiscal affairs of local governments and school districts statewide, as well as compliance with relevant statutes and observance of good business practices. This fiscal oversight is accomplished, in part, through our audits, which identify opportunities for improving operations and governance. Audits also can identify strategies to reduce costs and to strengthen controls intended to safeguard local government assets. Following is a report of our audit titled Background Checks at Municipal Youth Programs. This audit was conducted pursuant to Article V, Section 1 of the State Constitution and the State Comptroller s authority as set forth in Article 3 of the General Municipal Law. This audit s results and recommendations are resources for local government officials to use in effectively managing operations and in meeting the expectations of their constituents. If you have questions about this report, please feel free to contact the local regional office for your county, as listed at the end of this report. Respectfully submitted, Offi ce of the State Comptroller Division of Local Government and School Accountability State of New York Office of the State Comptroller Attachment: Youth Background FINAL (COM : Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal 2 OFFICE OF THE NEW YORK STATE COMPTROLLER Packet Pg. 180

181 14.8.a In response to community interests, municipalities sponsor youth programs that offer a wide variety of activities. A municipality may utilize a parks and recreation department or youth bureau to organize and oversee the programs. Programs can include, but are not limited to, pre-school or afterschool activities, arts and crafts, baking, exercise and fitness, summer camps, seasonal or holiday special events, sports, employment and literacy programs, safety programs, swim programs, and therapeutic 1 programs. With these youth programs, parents are entrusting their children s learning experience and safety to the adults (employees, contractors or volunteers) that the municipality engages to administer the programs. Background checks are currently required by State law or regulation for individuals who have contact with children in camps, childcare programs, and therapeutic programs. However, this does not cover all of the youth programs that municipalities operate. A municipality can help create a safer environment for community youth through background checks in the hiring and screening of all individuals associated with its youth programs. The eight municipalities included in this audit (Towns of Amherst, Clifton Park, Manlius and Seneca Falls and the Cities of Binghamton, Middletown, New Rochelle and Utica) offered a range of youth program activities to more than 409,000 residents. Scope and Objective The objective of our audit was to determine whether municipalities helped create a safe environment for community youth participating in municipally sponsored youth programs for the period January 1, 2010 to May 18, Our audit addressed the following related question: Do municipalities conduct background checks on the individuals delivering youth program services? Audit Results State of New York Office of the State Comptroller EXECUTIVE SUMMARY We found that seven of the eight municipalities we audited failed to conduct background checks on all of the individuals who deliver their youth program services. Only the Town of Clifton Park annually screened all program personnel against the Division of Criminal Justice Services Sex Offender Registry and other resources. Two municipalities (the Town of Manlius and the City of New Rochelle) only screened personnel providing programs where the State mandates screening, 1 Therapeutic programs are programs specifically offered for people with developmental disabilities. Attachment: Youth Background FINAL (COM : Letter and Reports from NYS Comptroller Regarding Background Checks at Municipal DIVISION OF LOCAL GOVERNMENT AND SCHOOL ACCOUNTABILITY 3 Packet Pg. 181