ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw...2019/08/05 · On a motion of Councilman Best,...

August 5, 2019 Town Board Meeting Hamburg, New York

1. Roll Call

TOWN BOARD MEMBERS PRESENT: James M. Shaw Supervisor Thomas Best, Jr. Councilman Elizabeth Farrell Councilwoman Michael Mosey Councilman Michael Petrie Councilman ALSO PRESENT: Catherine Rybczynski, Town Clerk; Steven Walters, Town Attorney; Kenneth Farrell, Deputy TownAttorney; Gregory Wickett, Police Chief; Pat Ryan, Director of Buildings and Grounds; Michael Quinn, Engineering Consultant; Alissa Pielaszkiewicz, Personnel Clerk; Christopher Hull, Director of Community Development; Kimberly Sessanna, AssistantAccountant, Ted Casey; Highway Superintendent; Chuck Naughton, Human Resource Consultant; Roger Gibson, SupervisingCode Enforcement Officer; Joseph Wenzel, Deputy Director Recreation Department; Sean Crotty, Senior Public Safety Dispatcher ; Jerry Giglio, Traffic Safety Coordinator and Health and Safety Coordinator

2. Pledge of Allegiance

3. Brewery/Winery LawsWhereas, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of Hamburg; and Whereas, the Hamburg Code Review Committee has evaluated these regulations based on issues raised by the public andTown officials concerning wineries and the existing brewery law; and Whereas, the Hamburg Code Review Committee has prepared draft language for Zoning Code amendments relating to theexisting brewery law and a new craft winery law; and Whereas, the Hamburg Town Board referred these proposed code amendments to the Hamburg Planning Board and thePlanning Board has recommended these Code revisions to the Town Board. Whereas, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board amends the followingsections of the Hamburg Town Code as follows (full copies attached): Amend Chapter 280 (Zoning), Article XLVI, Section 280-326.3 by adding a new item “(h) Craft Winery (not associated withan active farm/vineyard)”, and Amend Chapter 280 (Zoning), Article VI to allow wineries by special use permit in the RA district, and amend Article XLVIby adding a new section 280-326.4. “Craft Winery”, and Amend Chapter 280 (Zoning), Article XLIX, Definitions and Word Usage, as follows: Add a new definition under Section280-342; Craft Winery. Now, Therefore, Be It Resolved, that the Hamburg Town Board sets a Public Hearing on these proposed amendments at theHamburg Town Hall, 6100 South Park Avenue, Hamburg, NY at 8:00 pm on September 9th, 2019. Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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4. Approval of MinutesRESOLVED, the Town Board adopt the minutes of the following meetings: 07/22/2019 - Work Session07/22/2019 - Town Board Meeting Moved: Best

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On a motion of Councilman Best, seconded by Councilman Mosey, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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5. PAF - David FlowersBE IT RESOLVED, that the Town Board approve the termination and rehiring of personnel for the Assessment Departmentas Follows: Moved: Mosey

On a motion of Councilman Mosey, seconded by Councilman Best, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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6. PAF - Buildings & GroundsBE IT RESOLVED, that the Town Board approve the termination and hiring of personnel for the Buildings & GroundsDepartment as follows: Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Best, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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7. Court Clerk Mandatory Training ConferenceRESOLVED, that the Town Board authorizes the Justice Court Staff to attend the mandatory New York State Association ofMagistrate Court Clerks Conference in Syracuse, New York, September 29th – Wednesday, October 2, 2019. Lodging 3 nights $2,500.00 Registration 4 @ $50.00 ea. $200.00 Meals – Conference 8 @ $24.50 per day $196.00 Meals – Other 8 @ $15.50 per day $124.00 Mileage .41/mile $282.08 Total: $3302.08 Funds are available in account A1110.0492

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Moved: Best


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8. Travel Authorization - Building DepartmentWhereas, Under Title 19 NYCRR, Part 434, The Department of the State Codes Division requires each Code Enforcementpersonnel to receive a minimum of 24 hours of in service training on an annual basis and, Whereas, the Western Southern Tier Building Officials Association periodically sponsors education training conferences,which can be attributed toward the State mandated in-service training and, Whereas, in order that the Town employed Code Enforcement Official, Thomas Murphy to be eligible to attend suchtraining seminars, they must active members of Western Southern Tier Building Officials Association. Therefore be resolved, that the Town Board authorized travel request for Code Enforcement Officer Tom Murphy to attendWestern Southern Tier Building Officials Association sponsored Annual Educational Conference on Monday September 9,2019 through Wednesday, September 11, 2019. This program is to be held at the Chautauqua Suites Meeting & Expo Center,215 West Lake Road, Mayville, New York. The New York State Department of State Codes Division will apply 24 hours ofin-service credit toward each of the attendees continuing educational needs. Be it further resolved that the Town Board approve the annual membership renewal for the Town Code EnforcementOfficial at an annual cost of $50.00 and conference registration fees of $275.00 per attendee. The total cost to the Town forthe three day seminar will be $325.00. Use of a Town vehicle will be required. Funding is available in amount A 3620.492(seminars) Moved: Petrie

On a motion of Councilman Petrie, seconded by Supervisor Shaw, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0ITEM AMENDED: Funding is available in account A 3620.492

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9. Travel Authorization - PoliceRESOLVED, the Town Board authorize Lieutenant Nicholas Ugale to attend the Marine Patrol Vessel Operator's Course,September 15 - 20, 2019, and Lieutenant Nicholas Budney to attend Marine Law Enforcement Training Program, September29 - October 4, 2019, both in Lake George, NY. No Cost for Lodging or Meals No Cost for Courses Tolls (approximately) $50.00 TOTAL: $50.00 Use of Unmarked Police vehicle for transportation is requested. Money is available in Account B3120.492. Moved: Best


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10. Special Olympics Polar Plunge and Super Plunge

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WHEREAS, Special Olympics New York desires to enter into an agreement with the Town of Hamburg , for use ofWoodlawn Beach State Park for Special Olympics New York to conduct its "Super Plunge" and “Polar Plunge” event onDecember 6, 2019 and December 7, 2019, and WHEREAS, the Town of Hamburg grants Special Olympics New York the limited right to use the property identifiedas Woodlawn Beach State Park for the sole purpose of conducting the event, and WHEREAS, Special Olympics New York agrees that the use of the property is subject to the conditions andrestrictions outlined in the agreement, NOW THEREFORE BE IT RESOLVED that the Town of Hamburg enter into an agreement with SpecialOlympics New York, and BE IT FURTHER RESOLVED that Supervisor James Shaw is authorized to sign the agreement on behalf of theTown of Hamburg. Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0Councilman Mosey commented on this resolution

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11. Potential Sale of land at Cloverbank and Lake Shore RoadWHEREAS, The Town of Hamburg has identified numerous parcels of land that the Town owns; and WHEREAS, some of those parcels of land present characteristics that make one or more of them marketable for third partysales; NOW, THEREFORE, BE IT, RESOLVED, that the Town Attorney shall network with the Town’s Assessor and such other Town officials as may benecessary to determine whether there are any impediments to the sale of property at the intersection of Cloverbank andLakeshore Roads, more specifically referred to as SBL 169.15-6-1, lot size 130 x 167 with a zoning designation of NC. Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Best, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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12. PersonnelWHEREAS, Scott Vuich signed the bid posting, and was approved by the Town Board for the Assistant Greenskeeperposition at the 18 Mile Creek Golf Course; THEREFORE BE IT RESOLVED , that the Town Board approve the transfer of $30,000 from A.7140.100 toER.7250.100 to cover the payroll expense for Scott through the end of the year. Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Mosey, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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13. Remove Resolution #9 and #10 From TableBE IT RESOLVED, that the Town Board hereby remove from the tabled Resolution #9 and #10 from the Town Boardmeeting minutes of July, 22, 2019.

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Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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14. Purchase SanderRESOLVED, that the Town Board authorize the Highway Department to purchase one (1) New and Unused Stainless SteelSmith Sander SSV10. The purchase price is $11,500.00 per Cattaraugus County Bid DPW#70. Supporting documentationattached. Funds are available in account H26.5130-201 – Machinery & Equipment. Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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15. Purchase Mower HeadRESOLVED, that the Town Board authorize the Highway Department to purchase one (1) New and Unused Alamo 50”Boom Axe Rotary Cutting Head. The purchase price is $12,253.20 per Sourcewell Contract #052417-AGI. Supportingdocumentation attached. Funds are available in account H26.5130-201 – Machinery & Equipment. Moved: Farrell

On a motion of Councilman Farrell, seconded by Councilman Mosey, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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16. Deer Springs Subdivison Part 4 Phase 2E PIP Nos. 1032, 1033, 1034 BE IT RESOLVED , that the Town Engineer’s report on the completion and acceptance of the DEER SPRINGSSUBDIVISION, Part 4 Phase 2E work performed under Public Improvement Permit Nos. 1032, 1033 and 1034 be receivedand accepted, and that the Supervisor is authorized to sign the report, and BE IT FURTHER RESOLVED, that this resolution becomes effective on the day the report is signed by the Supervisor. Moved: Petrie

On a motion of Councilman Petrie, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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17. Deer Springs Subdivision Part 4 Phase 2E - Fire HydrantWHEREAS, the Town of Hamburg Planning Board has approved the Preliminary Plat Plan for the DEER SPRINGSSUBDIVISION Part 4 Phase 2E WHEREAS, one (1) fire hydrant is to be installed within the subdivision to provide proper fire protection for thedevelopment; and

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WHEREAS, although the developer is responsible for the cost of installation of the fire hydrants, it is necessary that theTown agree to such installation as the Town is charged for the maintenance of fire hydrants under the Direct ServiceAgreement with the Erie County Water Authority; and WHEREAS, the subdivision is located within the Town Hydrant District, and property owners in the subdivision will bepaying associated charges to such district as part of their annual Town and County tax bill, THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF HAMBURG, ASFOLLOWS:

1. The Town Board considers that the installation of the additional one (1) hydrant to serve the DeerSprings Subdivision, Part 4 Phase 2E will be beneficial to the health and safety of residents of the Town ofHamburg, and is therefore in the public interest.

2. The development of the subdivision will result in increased revenue to the Town of Hamburg, includingrevenue for fire protection. As such, the cost to the Town for the annual maintenance of the fire hydrants willbe offset by the additional revenue generated by the subdivision.

3. The Town Board agrees that the cost of the hydrant maintenance fees for the additional one (1) firehydrant being installed as part of the subdivision shall be paid by the Town of Hamburg through revenuesgenerated by the Town Hydrant District.

4. This resolution shall take effect immediately. BE IT FURTHER RESOLVED, that two certified copies of this resolution be provided to the Engineering Departmentfor transmittal to the Erie County Water Authority. Moved: Petrie

On a motion of Councilman Petrie, seconded by Councilman Farrell, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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18. Public HearingsWHEREAS, to prepare for the upcoming 2020 CDBG program year, the Department of Community Development musthold public hearings to seek citizen participation and input for Community Development Block Grant and HOME InvestmentPartnership program funds.

NOW THEREFORE BE IT RESOLVED that the Hamburg Town Board authorizes the Department of CommunityDevelopment to hold said public hearings on the following dates/times:

Monday, August 19, 2019 @ 5:00 p.m. and 6:30 p.m. (Hamburg Town Hall)Monday, September 9, 2019 @ 6:00 p.m. and 7:00 p.m. (Hamburg Town Hall)Wednesday, September 11, 2019 @ 6:30 p.m. (Blasdell Village Hall)Monday, September 16, 2019 @ 5:00pm (Hamburg Village Hall)Monday, September 23, 2019 @ 6:00 p.m. and 7:00 p.m. (Hamburg Town Hall)Monday, October 7, 2019 @ 5:00 p.m. and 6:30 p.m. (Hamburg Town Hall)Monday, October 21, 2019 @ 5:00 p.m. and 6:30 p.m. (Hamburg Town Hall)

BE IT FURTHER RESOLVED that notices of these public hearings be published within town periodicals. Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Mosey, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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19. Town Park Pump Station Equipment Installation

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WHEREAS, the Town of Hamburg (Town) recently purchased new pumping equipment for the sanitary sewer pumpingstation at the Town Park which must be installed; and WHEREAS, the Town Engineer solicited quotes for the installation from three qualified firms; and WHEREAS, two firms provided quotes which were reviewed by the Town Engineer and staff from the Buildings andGrounds Department (quotes attached); and WHEREAS, MKS Plumbing Corporation was the lowest responsible bidder at the price of $34,000.00. NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg award the Town Park Pump Station EquipmentInstallation project to MKS Plumbing Corporation in the amount of $34,000. Funds are available in account H99.6772.303. Moved: Farrell

On a motion of Councilman Farrell, seconded by Supervisor Shaw, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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20. Standard Work Day and ReportingBE IT RESOLVED, that the Town approve the Standard Work Day and Reporting Resolution for Elected and AppointedOfficials: Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Petrie, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0

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21. Approve Appointment to HIDA Board of DirectorsWHEREAS, the School Board of the Frontier Central School District has recommended to the Hamburg Town Board acandidate to fill a vacancy on the Hamburg Industrial Development Agency Board of Directors; therefore, be it RESOLVED, that the Hamburg Town Board hereby appoints Davis Podkulski for appointment to the Board of Directorsof the Hamburg Industrial Development Agency; be it further RESOLVED, that Clerk stamped copies of this resolution shall be mailed to the Hamburg Industrial Development Agencyand the Frontier Central School District. Moved: Shaw

On a motion of Supervisor Shaw, seconded by Councilman Mosey, the following resolution was ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw Nays 0 Abstain 0ITEM AMENDED: Position once held by Janet Plarr

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22. Town Park ImprovementsWHEREAS, Section 230-21 provides for payment to a general park fund, referred to as the A F Trust fund, as a condition tosubdivision approval; and WHEREAS, the A F Trust account is dedicated to the creation or capital maintenance and improvement of town parklandand funds must be used for those purposes; andWHEREAS, the Town prepared a master plan for parks and recreation to identify opportunities; andWHEREAS, the Town has, in furtherance of the master plan, completed a comprehensive review of all town parks andplaygrounds and has determined improvement priorities; andWHEREAS, the Town has an opportunity to secure additional funding to go to the improvement of existing town parks if the

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Town demonstrates a commitment to improving its parkland.THEREFORE BE IT RESOLVED, that the Town Board hereby approves the release and appropriations of $300,000 fromthe A F Trust account to fund the capital improvements in accordance with the master plan and the comprehensive review.BE IT FURTHER RESOLVED, the improvements will be coordinated by the Recreation and Building & GroundsDepartments in a manner consistent with this resolution. Moved: Petrie

On a motion of Supervisor Shaw, seconded by Councilman Mosey, the following resolution wasTABLED

Ayes 3 Best, Mosey, ShawNays 2 Petrie, FarrellAbstain 0

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23. Appointment to ZBAWHEREAS, the Hamburg Zoning Board of Appeals has realized a vacancy in its membership occasioned by the resignationof Board member Raymond Gallagher effective 7/26/19; therefore, be it RESOLVED, that the Town Board of the Town of Hamburg appoints Jeffery Adrian of Blasdell, New York to the vacancyfor the balance of the term as a member of the Hamburg Zoning Board of Appeals. Moved: Shaw


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24. Audit of Cash Disbursements

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25. Business from the Floor

a. Reports from Department Heads

Michael Quinn - The energy audit has been completed and delivered. Joe Wenzel - Recreation department is shifting from Summer season to Fall season Chief Wickett - The Fair starts this week so traffic could be heavier on South Park and McKinley Supervisor Shaw asked Sean Crotty if dispatch is a FEMA Coordinator for the Town? Sean advises that, yes, dispatch is. Christopher Hull - Education Workshop on NYS Housing Stability Act this wednesday August 7th at Town Hall 6:30pm

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b. Reports from the Floor

Joseph Kilian - Thanks Town for working on the Seaway Trail and attaching the chairs. The public is using this area on a nightlybasis. The Hoover Road Bike trail has been cleaned up by New York State. Also, asked for an update on the Historic PreservationCommittee. Supervisor Shaw advises, no update. Laura Podkulski - Thanks for the committee work on the Blast of Beach Davis Podkulski - Thanks the Board for the appointment to the Hamburg IDA. Also, Bayview Road by Frontier School has a needfor crosswalks. Supervisor Shaw comments that the Town has been working a several grant applications to be submitted to NewYork State and the Frontier School area is a part of that. Mrs Kelly - Asked the Board for an update on the fixes to the Hamburg pool. Councilwoman Farrell advises that Recreation isworking on the transition. Joseph Wenzel also adds that the Recreation Department is working with the St. Francis Park Pool staff toget the agreement up and running. Pat Ryan also adds that B&G Department is working with the installer of the HVAC to get theprocess moving. Resident also questions putting money into a building a that the Town doesn't own. Christopher Hull advises that the Town enteredinto a agreement with People Inc in the early 90's concerning the Hamburg Pool building. Councilwoman asked if Chris or anyoneelse could please produce this agreement. Resident - Questioned the status of Resolution #22. Councilman Best advised that we voted to table this item. More discussionsabout the use of these funds need to be had with the Town Board. Resident - Asked for clarification on the Public Hearing called for in the beginning of the agenda. Supervisor Shaw explains toresident the process for changes to laws and why a public hearing is needed.

c. Reports from the Town Board

Nothing to report

26. Meeting is adjourned by Supervisor

RESOLVED, that the Town Board adjourns the Town Board Meeting at 7:50 P.M. and moves into the Executive Work Session forlitigation issues and personnel items in a specific department. Councilman Petrie questions the second reason for going into Executive Session. Councilman Best advises that this relates toPersonnel issues in the B&G and Highway Department. On a motion of Supervisor Shaw, seconded by Councilwoman Farrell, the following resolution wasADOPTED Ayes 5 Shaw, Farrell, Petrie, Best, Mosey

Noes 0 Abstained 0

RESOLVED, that the Town Board adjourns the Executive Work Session at 9:03 P.M. On a motion of Supervisor Shaw, seconded by Councilwoman Farrell, the following resolution wasADOPTED Ayes 5 Shaw, Farrell, Petrie, Best, Mosey

Noes 0 Abstained 0 __________________________________________________________________________Open Meetings Law, Public Officers Law, Article 7, §106. Minutes.Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of allmotions, proposals, resolutions and any other matter formally voted upon and the vote thereon. These minutes arean unofficial copy unless the original signature of the Town Clerk is affixed below. The original official paperminutes are stored in the Town’s vault.

___________________________Catherine RybczynskiTown Clerk

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WINERY LAW AMENDMENT PROPOSAL – JULY, 2019

FINAL DRAFT FOR PUBLIC HEARING

Chapter 280. Zoning Revisions

Amend Article VI. R-A Residential Agricultural District, as follows:

Amend Section 280-17. A. (13), by adding a new item (h) to read as follows:

(h) Craft Winery (not associated with an active farm/vineyard)

Note: This would allow these types of wineries by SUP in the R-A district. Wineries

associated with an active farm/vineyard are allowed as an Agricultural use if meeting NYS’s

definition of an agricultural operation.

Amend Article XLIX, Definitions and Word Usage, as follows:

Add a new definition under Section 280-342;

Craft Winery: For the purposes of the Town of Hamburg Zoning Code, a Craft Winery shall be

defined as a small scale winery meeting the definition of a micro winery or a farm winery

under NYS law, and meeting the requirements under the Town’s Zoning Code.

Amend Article XLVI. Special Use Permits, as follows:

Add a new Section 280-326.4., as follows:

Section 280-326.4. Craft Winery

No special use permit for a craft winery shall be authorized unless the project is shown to

meet the requirements of Section 280-312 B(1), (2), (3) and (4) and the following:

A. Craft Winery accessory activities may include (depending on site location and attributes)

the following:

(1) Wine tasting

(2) Retail Sale of Wine (in accordance with NYS law) and must be made on-site.

(3) Retail sales of related products souvenirs

B. The minimum acreage of the lot used for a craft winery shall be 5 acres (and must be

large enough to accommodate parking, required setbacks, etc.).

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C. Craft wineries with retail sales will need to show adequate parking and screening from

adjacent residential uses.

D. All “manufacturing/process” activities and storage must take place within an enclosed

building.

E. “Manufacturing/process buildings” must be located a minimum of 200 feet from any

residential structures located on surrounding properties (unless a “sign-off” letter is received

from such adjacent residential use).

F. The winery must operate in accordance with all NYS laws.

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AGREEMENT

This Agreement is made as of _______________, 2019, by and between

the Town of Hamburg, with a business address of 6100 South Park Avenue,

Hamburg, New York 14075 (the "Town") and the Special Olympics New York,

Inc., a not-for-profit corporation with a mailing address of 2821 Wehrle Drive,

Suite 7, Williamsville, New York 14221 ("Special Olympics New York").

WHEREAS, the Town of Hamburg undertakes the operation and

maintenance of Woodlawn Beach State Park under a “Cooperative Operation &

Maintenance Agreement” between the Town of Hamburg and New York State

Office of Parks, Recreation and Historic Preservation for certain real property,

commonly referred to as the "Woodlawn Beach State Park"; and

WHEREAS, the "Special Olympics New York", wishes to use the

"Woodlawn Beach State Park" to conduct its "Super Plunge and Polar Plunge"

event.

NOW THEREFORE, in consideration of the terms, conditions, and

covenants contained in this Agreement, and other good and valuable

consideration, the adequacy and receipt of which is hereby acknowledged, the

parties agree as follows:

1. The "Town" grants the "Special Olympics New York" the limited right to use

certain Town property, identified as Woodlawn Beach State Park, for the sole

purpose of conducting its "Super Plunge and Polar Plunge" event and for no

other purpose.

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2. The "Special Olympics New York" agrees that the use of Woodlawn Beach

State Park is subject to the following conditions and restrictions:

A. The schedule for the date and time of any activity is subject to the prior written

approval of the Town.

B. No "Special Olympics New York" activity may take place on property other

than that for which approval has been granted.

C. The site or area shall be restored to the same condition existing prior to the

event to the satisfaction of the Town.

3. The term of this Agreement shall commence on December 6, 2019, and shall

terminate on December 7, 2019.

4. The "Special Olympics New York" shall pay and discharge, and shall protect,

defend, indemnify and hold the Town of Hamburg, its members, agents and

employees, and the People of the State of New York, the New York State Office

of Parks, Recreation and Historic Preservation, the Niagara Frontier State Park,

Recreation and Historic Preservation Commission, their Commissioners, officers,

agents, and employees harmless from and against all causes of action, claims,

damages, liabilities, losses, costs, expenses (including reasonable attorney's

fees, expenses and litigation costs), or judgments or fines of any nature arising or

alleged to arise from or in connection with Special Olympics New York, Inc. and

their agents, employees, guests, invitees or licensees use of Woodlawn Beach

State Park and the conduct of the Polar Plunge, except as may result from the

sole negligence or willful misconduct of the Town of Hamburg, its members,

agents and employees."

"Special Olympics New York" agrees that it shall provide the Town with evidence

of General Liability as primary insurance covering the premises, operations,

products, completed operations and contractual liability of the organization for the

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use of any Town owned or provided facilities (and Liquor Law Liability insurance

if alcoholic beverages are served or permitted) naming the Town of Hamburg and

any owner of facilities provided as additional insured(s) on a primary and non-

contributory basis using ISO Additional Insured Designation Person or

Organization Endorsement CG2026 or essentially equivalent for bodily injury,

personal injury and property damage. The insurance shall include but not be

limited to cover liability for injuries to participants and spectators in the

organization’s activities and operations, include athletic participant coverage, and

provide limits of at least $2,000,000 each occurrence ($2,000,000 each

occurrence if fireworks, amusement rides or other similarly hazardous activities

are undertaken.)

A Certificate of the required insurance must specifically: (1) state the

form number (or attach a copy of) the endorsement naming the Town of

Hamburg, and the People of the State of New York, the New York State Office of

Parks, Recreation and Historic Preservation, the Niagara Frontier State Park,

Recreation and Historic Preservation Commission, their Commissioners, officers,

agents, and employees, and any owner of facilities provided, as additional

insured(s), on a primary and non-contributory basis; (2) state that liability for

injuries to participants and spectators in the organization’s activities is covered;

(3) state the athletic participant coverage; and (4) be submitted to the Town

Attorney at least fifteen (15) business days prior to use of the facilities. All

Certificates shall provide at least thirty (30) days advance written notice to the

Town of Hamburg, Attn: Town Attorney, 6100 South Park Avenue, Hamburg,

New York 14075 in the event any described insurance is canceled or not

renewed. Please refer to "Exhibit A" attached to this Agreement, which is a

specimen certificate of insurance meeting the requirements set forth above.

5. This Agreement is subject to the terms and conditions contained in the

Cooperative Operation and Maintenance Agreement dated December 29, 2010

between the State of New York and the Town of Hamburg, which terms and

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conditions shall prevail.

IN WITNESS WHEREOF, the parties have executed the Agreement as of the

date first written above.

TOWN OF HAMBURG BY:_____________________________ Supervisor SPECIAL OLYMPICS NEW YORK, INC. BY:_______________________________ Vice President of Finance & Administration

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STATE OF NEW YORK) COUNTY OF ERIE ) ss: On this _______________day of ________________2019, before me the subscriber, personally came JAMES M. SHAW, to me known, who being by me duly sworn, did depose and say that he resides in the Town of Hamburg, State of New York, that he is the Supervisor of the Town of Hamburg, the corporation described in and which executed the foregoing Instrument, that he knows the seal of said ; that the seal is affixed pursuant to a Resolution adopted by the Town Board; that he signed his name thereto pursuant to said Resolution. _______________________________ STATE OF NEW YORK) COUNTY OF ERIE ) ss: On this __________________day of _____________________, 2019, before me personally came and appeared ______________________ to me known, who, being by me duly sworn, did depose and say that s/he resides at ___________________________________, that s/he is the _______________ of the Special Olympics New, Inc. the corporation described in and which executed the foregoing instrument, that s/he knows the seal of said corporation, that one of the impressions affixed to said Instrument is an impression of such seal; it was so affixed pursuant to a Resolution duly adopted by the _________________, and that s/he signed her/his name thereto pursuant to said ________________. ________________________________

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11119304 (4) - May 2019 PF - 1 PROPOSAL FORM

TOWN OF HAMBURG ERIE COUNTY, NEW YORK

TOWN PARK SANITARY PUMP STATION IMPROVEMENTS PROJECT

REQUEST FOR QUOTATION

PROPOSAL OF _______________________________________________(NAME OF CONTRACTOR)

PROPOSAL FORM

(This Proposal shall not be detached from this Document and the entire booklet shall be included with each signed quote.)

The undersigned, as Contractor, declares that no person or persons other than those named herein are interested in this Quote; that this quote is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work; that no person or persons acting in any official capacity for the OWNER is directly or indirectly interested therein or in any portion of the profit thereof; and that he proposes and agrees, if this proposal is accepted, to provide all necessary equipment, tools, and other means of construction, to do all work and furnish all the materials shown and specified in this Document and according to the requirements of the ENGINEER as therein set forth, and then he will take in full payment therefore, the following sums to wit:

Contractor agrees to perform all the following work described in the Specifications and shown on the Drawings for the following fixed maximum, fixed minimum, unit prices or lump sums. The Contractor also agrees that the unit prices or lump sum prices and the fixed maximum and fixed minimum shall be full compensation for furnishing all labor, materials, tools, equipment, profit and overhead necessary to perform the work as shown and specified.

STC Construction, Inc.

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11119304 (4) - May 2019 PF - 2 PROPOSAL FORM

Estimated Computed Description Quantities Totals

ITEM 1 – Town Park Sanitary Pump Station Improvements

Item 1 - For Town Park Sanitary Pump Station Improvements, as described in Section 01010, Summary of Work, the unit price of

Dollars

and Cents

($ ) Lump Sum LS $

GRAND TOTAL AMOUNT OF QUOTE, ITEM NO. 1

Dollars and Cents (Written)

$

Forty One Thousand Nine Hundred Ten

Zero

Forty One Thousand Nine Hundred Ten

41,910.00 41,910.00

Zero

41,910.00

31

11119304 (4) – May 2019 PFC - 1 PROPOSAL FORM CERTIFICATES

The above computed total is for convenience of comparing quotes and will be used for that purpose only. (Amounts to be shown in both words and figures. In case of discrepancy, the amount in words will govern). The OWNER does not assume any responsibility for these quantities, nor shall the CONTRACTOR plead misunderstanding or deception because of such estimate of quantities or of the character of the work, location or other condition including site and underground conditions of soil, rock, utilities, etc. pertaining thereto.

The above lump sum prices shall include all labor, materials, baling, shoring, removal, overhead, taxes, profit, bonds, insurance, etc., to cover the finished work as specified herein.

The signing of the proposal and submission of a quote shall constitute a release of the OWNER and the ENGINEER, their officers and their agents or employees, from all claims whatsoever with respect thereto.

In the event that the OWNER requires more than forty-five (45) calendar days after the date specified in the Notice to Contractors to award the Work and the lowest qualified CONTRACTOR does not grant an extension of time for the OWNER to award the Work, the OWNER reserves the right to award to the second lowest qualified CONTRACTOR.

Respectfully submitted,

by Signature

Typed or Printed Name

Title

Business Name

(SEAL - if quote is by a corporation) Business Address

Business Phone Number

Email Address

Jason C. Rice

Vice President


PO Box 459, 63 Zoar Valley Road, Springville, NY 14141

(716) 592-3400

[email protected]

32


CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF

(Name of Corporation)

RESOLVED that (Person Authorized to Sign)

_______________________ to __________________________________________________________ (Title) (Name of Corporation)

be authorized to sign and submit the quote for proposal of this corporation for the following:

The foregoing is a true and correct copy of the resolution adopted by

(Name of Corporation)

at a meeting of its Board of Directors held on the _________ day of ___________________, 20_____.

By

Title

(S E A L)

The above form must be completed if the Contractor is a Corporation.


Jason C. Rice

Vice President STC Construction, Inc.

Town of HamburgTown Park Sanitary Pump Station Improvements Project


17th May 19

Mark D. Brammer, Presidnet

33


NON-COLLUSIVE CERTIFICATE

By submission of this proposal, the Contractor certifies that: (1) the prices in this quote have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Contractor or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the Contractor and will not knowingly be disclosed by the Contractor prior to opening, directly or indirectly, to any other Contractor or to any competitor; and (3) No attempt has been made or will be made by the Contractor to induce any other person, partnership or corporation to submit or not to submit a quote for the purpose of restricting competition.

The person signing this quote or proposal certified that: (a) He has fully informed himself regarding the accuracy of the statements contained in this Certification, and under the penalties being applicable to the CONTRACTOR, as well as to the person signing in its behalf; and (b) that attached hereto (if a corporate Contractor) is a certified copy of the resolution authorizing the execution of this certificate by the signator of this proposal on behalf of the corporate Contractor.

(Name of Individual, Partnership or Corporation)

By: (Person authorized to sign)

(Title)

(S E A L)


Jason C. Rice, Vice President

34

ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw...2019/08/05 · On a motion of Councilman Best,...

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Transcript of ADOPTED Ayes 5 Best, Farrell, Mosey, Petrie, Shaw...2019/08/05 · On a motion of Councilman Best,...