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I want a pop of which, followed by a Pledge of Allegiance.

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At Pearl Harbor in December of 1941, several of our U.S. battleships were destroyed.

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Six months later, between June 3rd and June 6th, 1942, our aircraft carriers, which were not at Pearl Harbor at the time of the surprise attack,

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engaged the bulk of the Japanese Imperial fleet at the Battle of Midway.

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Based on the breaking of the Japanese code, Admiral Nimitz committed our entire carrier

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force, which was outnumbered 2 to 1, by Admiral Yamamoto's fleet.

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This naval battle fought almost entirely with aircraft in which the United States destroyed

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Japan's first-line carriers.

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Never again would Japan push eastward toward the United States.

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The Battle of Midway was a turning point in World War II.

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We honor those soldiers, sailors, Marines, and airmen who fought so valiantly 75 years ago today,

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and we continue to be ever grateful for their service and sacrifice.

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I pledge allegiance to the flag of the United States of America and to the Republic of the United States.

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If I could just add, there was a local person that fought in that battle named McCluskey.

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When I saw the movie in midway quite some time ago, he got a mention on it.

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He was also mentioned in the Buffalo News recently.

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Madam Clerk, please call the roll.

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Supervisor Weinstein.

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Present.

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Deputy Supervisor Sanders.

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Present.

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Council Member Popovich.

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Present.

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Council Member Backeye.

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Present.

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Council Member Spultz.

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Present.

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Everybody is present.

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We have a quorum.

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Minutes approval of Monday, May the 8th.

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And I so move.

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Second.

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All in favor of the minutes.

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Please say aye.

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Aye.

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Opposed?

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Carriage unanimously.

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Proclamation and announcements.

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Okay.

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First, proclamation announcement.

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We have summer 2017, Amherst Youth and Recreation.

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There's a whole bunch of them off to the side.

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And we started the process to print up new public parks maps.

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And out of the woodwork came two boxes that we had not distributed.

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So we've got a few hundred of these public parks map select.

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Anyone who wants them can take either one.

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It's Mike Delemiere here.

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Mike Delemiere is our energy manager.

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I called him today to ask how our Solarize campaign was going.

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He said we had nine contracts from two of the vendors, the third vendor he had not spoken to.

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So,

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we need one more to qualify and apply to NYSERDA for a grant.

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$250,000.

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Yes.

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Public hearings.

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The first public hearing resolution 670 is on parking and restriction, time changes,

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and ISO move.

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Second.

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All in favor of opening the first public hearing, please say aye.

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Aye.

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Opposed?

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Carriage unanimously.

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Public

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hearings are characterized by a presenter. In this case, it'll be traffic and safety from the town engineering department and then an opportunity for a rebuttal if there is one and then an opportunity for anyone in the audience to speak on the topic of the public hearing for three minutes.

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After that, we will close the public hearing and town board will get an opportunity to ask questions following that.

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that sometimes the town board votes, sometimes they set a decision date.

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So with that, Chris.

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Good evening, members of the town board. Chris Schragel,

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traffic safety coordinator with the town.

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First public hearing before you tonight is in reference to a parking restriction time

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change on Mona and Jasper drives.

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The resolution reads that the parking restriction on the south side of Mona Drive

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between and including 170 Mona Drive and the west curb line of Egret Road

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is hereby changed to restrict parking between the hours of 6 a.m. to 4 p.m. on weekdays only

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and the parking restriction on the west and north sides of Jasper in their entirety is

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hereby changed to restrict parking between the hours of 6 a.m. to 4 p.m. on weekdays

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only.

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This request came to us from a Mona Drive resident where it was reviewed at two concurrent

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In current meetings, March and April 2017, Jasper and Mona are located in the southwest corner of the town of Amherst,

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bounded by Egret Road on the east and the city of Buffalo Line to the west and south.

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Mona and Jasper drives our local highways, speed limit posted at 30 miles per hour,

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with a width of 30 feet with upright curves.

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The major difference between the two is the lack of a sidewalk along Jasper Drive on both sides as well as a 90 degree curve on Jasper Drive.

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Park restrictions are already in place. We're put in in response to some Buffalo VA hospital overflow parking.

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Look to the very left of the screen. You'll notice the VA hospital is located in the city of Buffalo just outside the town of Amherst Boundary.

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Like I said, there's some existing parking restrictions already in place.

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Those are indicated as red and blue lines on the screen.

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Those in red are no parking anytime.

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No vehicles can park in there at any point, weekdays and weekends.

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Those in blue are no parking weekdays only,

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between 9 a.m. and 4 p.m. emphasis on the 9 a.m.

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is what we're potentially changing tonight.

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The resident concern was brought forth to the Traffic Safety Board and reviewed in March.

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The original request was to modify the parking restriction in front of 136 Mona Drive.

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That was to accommodate an in-home daycare business.

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The business owner asked that parking be modified in some way to help out the parents and therapists

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that occasionally visit that in-home daycare location.

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Ultimately, the Traffic Safety Board ended up holding this item

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to obtain additional feedback from all the residents on Mona and Jasper Drive.

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Everybody was invited to the April meeting where it was discussed again.

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This photograph is driving westbound on Mona, just shy of the Jasper Road.

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North is to the right of your screen.

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You will note that the VA hospital parking ramp was completed within the last couple years is at the end of that street.

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And you've got parking vehicles currently on Mona Drive before or around the time of 9 a.m.

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During the discussion, it was discovered that VA staff were still parking on Mona Drive before 9 a.m.

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And residents were cleared that they did not want the parking removed on Mona.

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They cited a couple concerns that on-street parking blocks driveways obstructs vision when backing out and prevents garbage collection.

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Majority of the residents present at that meeting voiced a need to extend the parking restriction hours to cover an earlier VA hospital shift starting at 6 a.m. on weekdays only.

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That is what, before you, the Traffic Safety Board essentially mimicked that with a recommendation to change all partner

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restriction signs on both Mona and Jasper drives that currently state 9 to 4 to now read 6 a.m. to 4 p.m.

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Again, that's all areas that are highlighted in blue.

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At this point, I'll open up for comments and questions.

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Thank you, Chris. This is the opportunity for anyone in the audience to address this parking proposal.

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Come up here. Come back to the podium.

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Thanks so much for letting me speak. My name is John Somasi.

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We purchased in 1977 our house at 110 Jasper Drive, and we've lived there ever since.

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I don't know about Mona. We get on the street quite often, but I cannot speak to their dilemma.

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We do not have a problem on Jasper Drive. And in fact, for many, many years, especially now after the VA has completed their parking ramp,

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The only people that I see parking on Jasper are residents.

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And I'm very, very concerned if this draconian...

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I will not characterize it in that manner.

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If the parking restrictions are increased,

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well, we were hoping, and many of the people living there were hoping,

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that it would simply go away.

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In fact, for many years it wasn't enforced.

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Instead of that now, we are seeing that apparently the new timelines are going to catch us all in a web of the local shondom, which I hope does not happen.

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We don't need it. I would hope that somehow the safety board or whomever is in charge of that kind of thing can reevaluate this.

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And if Mona has a problem, then address Mona, but we don't have a problem on Jasper.

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I'd be glad to do a survey on my street if that could be helpful to you folks making that

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decision or not.

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But I want to speak against it.

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Could you please give us some relief on that?

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Thank you.

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Sir, did you express your opinion before the Traffic and Safety Board?

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I had a wonderful conversation with a very kind gentleman as we came in.

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And so he's aware of our opinions that my wife and I did.

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But prior to that, I'm sorry that we were on vacation and we're not here doing any other meeting.

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So we didn't have an opportunity to.

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Yes.

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Yes.

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My name is Herb Glose and I live at 156 Mona Drive, which is for the west end.

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It's west of Jasper.

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I was at the parking board and I spoke in favor of increasing

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the parking limitations as were described from 6 a.m. to 4 p.m.

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As recently as this morning, as I was leaving for work at 7 o'clock,

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there was the daily parking of cars in front of my house.

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House starts close to the corner of Lebron, works its way towards Jasper and eventually gets past Jasper.

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There are cars turning around, hurrying to get to work.

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There's school buses. There are people walking their dogs.

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There's people pulling out of their driveways.

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There's the garbage collection issues on Wednesday.

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It's become a real problem.

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I don't know why the hospital can't accommodate parking,

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but it's clear that all these folks are rushing in parking at 7 in the morning

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and coming back, because I had a meeting this morning, I came back at 8.55

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and all of those people were rushing back to their cars, making three-point turns,

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turning around in driveways and going over to the VA hospital.

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So I'm not sure what the problem is, but it's a very dangerous and hazardous situation

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for those of us that live on Mona.

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Summer's coming, the windows are open, there's the noise, there's people talking,

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people getting in and out of their cars. As I said, there's school buses, there's children getting the buses,

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and there are folks walking their dogs. But just getting in and out of the driveway has become a dangerous situation

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with cars parked up and down. So I am in favor of the recommendation that the parking board has made.

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And again, I live at 156 Mona since 1986. Thank you.

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Anyone else?

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Okay, I'll make a motion to close the public hearing.

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Okay.

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All in favor of closing the public hearing please say aye.

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Aye.

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Opposed?

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Carriage and Amnesty.

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I've got a question, Chris.

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Sure.

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If we do the restriction, as proposed, on Mona Drive, but not on Jasper, would we be just

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moving them into the problem?

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Yeah, and that was the fear by the traffic safety board.

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You never know until you do it.

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I mean, the board has historically pushed, unintentionally pushed traffic problems

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on to the next street, and that's what they're fearful of in this situation.

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I don't know if the staff members will walk that far, especially with Jasper not having

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any sidewalks.

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I just don't know.

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This Mona and Jasper restriction, as it currently stands, has been in from what I

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hear for over 40 years.

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So it must have been a large problem to expand out that far initially, whether

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or not we have that problem today.

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Day post parking ramp installation is hard to tell.

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I mean, you see the extent, it's about seven to eight vehicles per day before 9 a.m.

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Whether or not they'll move, I don't know.

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Questions, soundboard.

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So my first question with Mr. Lowe seemed to answer was whether these cars were moving at 9 a.m.

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I mean they're coming there before 9 a.m. parking for a couple hours and then and then going where to the ramp

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I mean to do we have an idea where they're worth the coins and why don't they just go there in the first place

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Wouldn't be a pain in the neck to have to

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The traffic safety board surmised that it might be the late shift, the third shift that

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we're parking up until nine, and that's why they shifted it to six, but I don't know if

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they're moving their cars at nine.

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Has the VA been involved in these conversations at all as far as where their staff are parking?

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We've contacted them on three different occasions. They've indicated that the ramp is three

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stories, a large one floor being subgrade. The first two floors are for patients, the

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top one for specialized employees. Beyond that, they have a ride-sharing lot, and then

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they have a lot, apparently, in UB that they shuttle from. On the phone, they've indicated

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that they have no control of their staff, so they want to seek on-street parking

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elsewhere. And they've also indicated that they have no objection to increasing

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the parking restrictions around their facility and encourage police enforcement.

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Okay, I mean, I guess, because one of my concerns is simply the person who, you know,

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in the summertime wants to park their car on the street and doesn't go to work till 7 o'clock in the morning.

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Now from 6 to 7, their car is in violation. I mean, that doesn't...

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I mean, theoretically, that's not the car you're worried about, but now you're going to be penalizing residents

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at the same time you're trying to avoid...

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Yeah, I don't understand. Primarily the people that showed up to the Traffic Safety Board lived on this side.

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The first resident spoke to you, happens to live closer to Egert.

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You know, the way this resolution was written, to speak on what Barry Weinstein was referring to,

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is it's broken up into two parts should the board want to break it up and amend,

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removing the second paragraph of that and leaving Jasper alone for the time being,

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potentially even reviewing it in a future Traffic Safety Board.

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The Town Board has the ability to do that tonight.

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At the Traffic Safety Board public hearing, I mean, did you get a feeling from other Jasper residents that they wanted?

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There was only, I think, one or two Jasper residents present, and they happened to live on this end.

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So they would be directly impacted should the problem shift or move to Jasper.

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We did not have good representation on the east end.

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Any more questions?

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Could we split this in part by leaving the parking restriction on Jasper?

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Were the...

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Just delete the second pair.

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I was thinking of...

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Go back to the picture.

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The map.

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Leave the parking restriction over here.

230
00:17:56,030 --> 00:17:56,410
Yes.

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00:17:57,570 --> 00:18:03,510
I believe so, unless the town attorney wants to chime in, but I think it was advertised the

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00:18:03,510 --> 00:18:08,970
entire way so you can't increase the action, but you could cut off, and that's what you're

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doing there.

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00:18:09,590 --> 00:18:13,350
I don't have these addresses to cite, but perhaps you could say right at the corner.

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00:18:14,830 --> 00:18:21,930
I'm fearful that if the perpendicular part is removed, people will start parking there

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00:18:21,930 --> 00:18:23,050
and they'll go right down Jasper.

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00:18:23,910 --> 00:18:27,590
I just want to make sure you understand that the current parking restriction will still

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be in place.

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00:18:28,310 --> 00:18:29,470
The one from nine to four,

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00:18:34,530 --> 00:18:40,830
I'll make a motion to do just that change the parking restriction

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00:18:40,830 --> 00:18:49,050
on moment drive and Jasper for the vertical component, the north side, okay, the lead

242
00:18:49,050 --> 00:18:49,890
to Jasper.

243
00:18:51,070 --> 00:18:56,490
Supervisor wants to leave in just the north-south component of Jasper and the east-west leg

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00:18:56,490 --> 00:18:57,270
would be without.

245
00:18:57,270 --> 00:19:01,950
The left, the horizontal part, the east to west, the east to west.

246
00:19:02,490 --> 00:19:02,650
Yes.

247
00:19:03,190 --> 00:19:03,810
There's over there.

248
00:19:06,560 --> 00:19:09,860
So you want to delete the east to west portion of Jasper Drive.

249
00:19:10,420 --> 00:19:11,460
Yes. Okay.

250
00:19:14,300 --> 00:19:21,040
So basically you want to amend this to say the parking restriction on the west on the west side of Jasper Drive.

251
00:19:21,120 --> 00:19:23,600
So if we just take out the north side of Jasper Drive.

252
00:19:23,940 --> 00:19:26,540
That'll work. Okay.

253
00:19:27,640 --> 00:19:28,200
Okay.

254
00:19:30,480 --> 00:19:33,400
Okay. Okay. That's that's a motion second.

255
00:19:34,040 --> 00:19:40,500
Second. Okay. Any discussion? All in favor of the compromise parking restriction.

256
00:19:40,680 --> 00:19:42,580
Please say aye. Opposed.

257
00:19:43,220 --> 00:19:47,690
Carriage unanimously motion to open the next public hearings.

258
00:19:50,380 --> 00:19:53,260
15 North Forest Road removal of due to restrictions.

259
00:19:53,840 --> 00:19:55,460
All in favor. Please say aye.

260
00:19:55,460 --> 00:19:56,580
Opposed?

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00:19:56,760 --> 00:19:57,480
Carried unanimously.

262
00:20:47,940 --> 00:20:48,700
Do we have a lawyer?

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00:20:49,300 --> 00:20:49,440
No.

264
00:20:49,860 --> 00:20:49,880
No.

265
00:20:51,120 --> 00:20:52,240
Woefully unprepared.

266
00:20:52,580 --> 00:20:54,160
No, we have to have separate public hearings.

267
00:20:54,320 --> 00:21:02,180
Meeting board members, Supervisor Weinstein, Elizabeth Holmes of Barclay Damon here on

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00:21:02,180 --> 00:21:07,800
behalf of Core Spaces, I along with my colleague, Jeffrey Palumbo, are here with Dan Flauberg

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00:21:07,800 --> 00:21:08,880
of Core Spaces.

270
00:21:09,260 --> 00:21:13,840
We're here on two different applications this evening relative to the properties

271
00:21:13,840 --> 00:21:17,460
at 2,915, 25, and 49 North Forest Road.

272
00:21:18,080 --> 00:21:21,540
If it's okay with the board, I will kind of consolidate our presentation

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00:21:21,540 --> 00:21:26,880
so you don't have to listen to me twice. The first presentation tonight

274
00:21:26,880 --> 00:21:29,000
is relative to restrictions on the property.

275
00:21:29,860 --> 00:21:35,320
Core Spaces is looking at property at 2,915 through 2,949 North Forest Road.

276
00:21:35,600 --> 00:21:39,900
It's three separate parcels. It's about a 6.47 acre parcel

277
00:21:39,900 --> 00:21:46,360
located close to the Audubon Parkway and the 990, it's currently zoned NCDGC.

278
00:21:47,120 --> 00:21:52,180
The public hearings set for this evening are for the removal of a restriction with respect

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00:21:52,180 --> 00:21:58,100
to all free parcels that limit its use to office facilities only, and the special

280
00:21:58,100 --> 00:22:04,560
use permit request will allow course spaces to locate a dormitory in an NCD zoned district.

281
00:22:05,580 --> 00:22:09,120
Just a little bit of information about the applicant before we move on.

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00:22:09,280 --> 00:22:13,220
Core Spaces is a nationwide development and management company

283
00:22:13,220 --> 00:22:16,560
that specializes in privately owned student housing.

284
00:22:17,080 --> 00:22:20,120
They have projects all over the country and they are focusing

285
00:22:20,120 --> 00:22:24,680
this current application on supporting UB North Campus

286
00:22:24,680 --> 00:22:27,880
in the town of Amherst. That's just an aerial of the

287
00:22:28,520 --> 00:22:32,640
parcel, all three parcels there in the proposed type plan. You can move on

288
00:22:32,640 --> 00:22:34,100
to the next slide please.

289
00:22:34,980 --> 00:22:37,140
And those are the three individual parcels

290
00:22:37,140 --> 00:22:41,240
that require the removing of the office facility restriction.

291
00:22:42,920 --> 00:22:45,760
So just a little bit of information on the zoning history

292
00:22:45,760 --> 00:22:51,220
for all three parcels, 2925 and 2949 were rezoned

293
00:22:51,520 --> 00:22:59,800
from NCDSA to GC in 1989, February 16th planning board

294
00:22:59,800 --> 00:23:05,580
resolution, which recommended the rezoning with the condition that we're requesting removal of tonight.

295
00:23:06,140 --> 00:23:13,820
Town Board approval on April 3rd of 1989, 1987 was the rezoning of 2915 North Forest.

296
00:23:14,640 --> 00:23:19,720
Same restriction was imposed by the planning board and voted on by the town board.

297
00:23:23,060 --> 00:23:24,860
Just a little bit about the project details.

298
00:23:25,500 --> 00:23:27,960
The proposed project is a student housing development.

299
00:23:27,960 --> 00:23:35,340
It'll be one four-story building with up to 155 units, approximately 476 beds at this time.

300
00:23:35,920 --> 00:23:39,920
About 300 parking spaces, some above ground, some below ground.

301
00:23:40,480 --> 00:23:45,200
Square footage is 40,732, a little less than an acre.

302
00:23:45,900 --> 00:23:52,080
And of course it will serve the UB North Campus, which is under two miles from the project site.

303
00:23:52,740 --> 00:23:57,100
And again, these are high-end luxury apartments with full service amenities

304
00:23:57,100 --> 00:23:58,600
and state of the art security.

305
00:23:59,820 --> 00:24:04,140
And what's unique about core spaces is they not only develop the project,

306
00:24:04,200 --> 00:24:06,440
but they manage it as well, so it's very streamlined.

307
00:24:07,020 --> 00:24:09,020
This is the proposed site plan.

308
00:24:09,800 --> 00:24:13,760
As you can see, there's a sidewalk on the lower end,

309
00:24:13,760 --> 00:24:16,180
which is a recommendation of the planning board.

310
00:24:16,260 --> 00:24:17,380
We have implemented that.

311
00:24:17,720 --> 00:24:19,740
Of course, this is a concept plan.

312
00:24:19,860 --> 00:24:22,360
If you will, we have not proceeded to site plan approval yet.

313
00:24:22,360 --> 00:24:23,320
And

314
00:24:25,330 --> 00:24:30,870
just some statistics with respect to the need for the student-run housing.

315
00:24:31,950 --> 00:24:36,110
Core Spaces did their own independent study with respect to UB,

316
00:24:36,730 --> 00:24:43,570
and the study produced some positive key trends of enrollment growth and low part-time students.

317
00:24:44,070 --> 00:24:46,750
So, obviously, without a low part-time percentage,

318
00:24:46,870 --> 00:24:48,710
the full-time students are going to be looking for housing.

319
00:24:48,710 --> 00:24:54,350
The 2016 occupancy rate was at 95.8% and is increasing.

320
00:24:55,050 --> 00:24:59,550
The 2016 rent cost per bed is fairly high and also increasing.

321
00:25:00,030 --> 00:25:07,670
So the study essentially produced information that the performance is anticipated to continue trending above the historical averages,

322
00:25:07,710 --> 00:25:10,910
which provides the need for the private housing.

323
00:25:11,490 --> 00:25:17,950
This is a passing study and if you look in the upper left-hand corner, that is the proposed project.

324
00:25:20,200 --> 00:25:22,380
Just to give you an idea of the area.

325
00:25:23,760 --> 00:25:31,080
And then there are a couple slides that just have some conceptual exterior and interior renderings for your information.

326
00:25:34,870 --> 00:25:41,530
And these are actual apartments, existing apartments, just to give you an idea of what the inside will look like.

327
00:25:41,530 --> 00:25:42,370
The

328
00:25:44,990 --> 00:25:52,530
special use permit that we're requesting is required pursuant to Chapter 203, Section 525 of the Town of Amherst Zoning Code.

329
00:25:52,950 --> 00:25:59,690
It only permits dormitories to locate within an NCD district with the issuance of a special use permit by the Town Board.

330
00:26:00,250 --> 00:26:08,030
There are seven criteria that the Town Board is asked to review and analyze in issuing the special use permit, which I have set forth here.

331
00:26:08,910 --> 00:26:14,610
I'll go through them quickly. They should be on campus or within two miles of the institution.

332
00:26:15,190 --> 00:26:19,150
We're located approximately one mile from UB North Campus borders.

333
00:26:20,450 --> 00:26:25,290
They're required to have clear and safe pedestrian bicycle and vehicular connections to the campus.

334
00:26:26,070 --> 00:26:29,410
We've already kind of discussed that and gone through that at the planning board stage.

335
00:26:30,010 --> 00:26:35,570
And CORE has agreed to connect the dormitory to the existing Audubon bike path on the North Forest side.

336
00:26:35,570 --> 00:26:46,270
And we are currently in talks with the university for the approval of a shuttle drop-off and pickup between the project site and UB North Campus.

337
00:26:47,570 --> 00:26:56,070
And that's just an indication of the existing bike path. So if you look at the circle in the upper portion of the slide, that's where we would be located.

338
00:26:56,070 --> 00:27:06,610
So we're in close proximity to the existing bike path and site plan stage will work with planning to facilitate an appropriate connection to the existing bike path.

339
00:27:06,710 --> 00:27:07,330
Off

340
00:27:10,560 --> 00:27:14,700
-Street parking I've already discussed. Well, actually I don't think I've discussed it.

341
00:27:15,640 --> 00:27:22,220
476 beds to 300 parking spaces meets the requirements set forth in Chapter 203 of the code.

342
00:27:22,700 --> 00:27:27,280
And we of course will work with planning with any parking adjustments that they would request.

343
00:27:27,280 --> 00:27:32,580
The dormitory will not create traffic and circulation, conflicts or congestion.

344
00:27:33,060 --> 00:27:38,060
We're proposing four means of ingress and egress to North Forest and Bryant Woods South.

345
00:27:38,700 --> 00:27:45,460
We did have a traffic study done and it found that the project would result in an imperceptible impact on operating conditions.

346
00:27:46,240 --> 00:27:51,880
They requested minor signal modifications and CORE has no problem facilitating that as well.

347
00:27:53,480 --> 00:27:59,920
It will not create a concentration of dormitories and it will not adversely impact surrounding neighborhoods.

348
00:28:00,800 --> 00:28:03,560
As I indicated, it's close to the Lockport Expressway.

349
00:28:03,680 --> 00:28:05,420
It's surrounded by mainly commercial uses.

350
00:28:06,360 --> 00:28:12,100
The planning board and their unanimous recommendation found that the proposal is consistent with the town's comprehensive plan.

351
00:28:12,440 --> 00:28:16,180
And I believe they've also issued a recommendation in support of the special use permit,

352
00:28:16,180 --> 00:28:19,480
which has a positive finding with respect to this criteria.

353
00:28:20,780 --> 00:28:26,440
Substantial landscape buffers, if located in close proximity to a residential neighborhood,

354
00:28:26,560 --> 00:28:32,860
we are not in that category, but of course we'll work with planning with respect to any landscaping

355
00:28:32,860 --> 00:28:35,280
and buffering that they require at site plan review.

356
00:28:36,180 --> 00:28:42,580
And the last criteria is just that the density, height, and layout is consistent with the surrounding development

357
00:28:42,580 --> 00:28:44,420
as well as the principles of the NCD.

358
00:28:44,420 --> 00:28:49,920
As indicated, there are a number of three and four story buildings in the surrounding neighborhood.

359
00:28:50,300 --> 00:28:55,140
There are a few in here that we specifically set forth.

360
00:28:55,420 --> 00:29:02,220
And I think that we attached in our application a number of photographs that indicate that our proposal is in line with the surrounding neighborhood.

361
00:29:02,660 --> 00:29:03,980
Same with density and design.

362
00:29:05,620 --> 00:29:13,100
Agency comments. We've received project approvals from the town attorney building department and fire safety and the planning board stage.

363
00:29:14,060 --> 00:29:22,440
Department of Public Works, we received an approval on March 14th of 2017 based on our traffic impact submission.

364
00:29:22,440 --> 00:29:30,200
We've also secured an agreement to purchase a .28 acre parcel from the Audubon Association,

365
00:29:31,140 --> 00:29:36,220
which is really what facilitates our ability to provide access from Bryant Wood South.

366
00:29:36,380 --> 00:29:38,980
So we're in the process of finalizing that contract.

367
00:29:39,860 --> 00:29:42,180
We did have a wetland delineation performed.

368
00:29:42,580 --> 00:29:45,140
There are two wetlands on the site.

369
00:29:45,940 --> 00:29:49,060
Scott Livingstone of EDI performs a delineation.

370
00:29:49,060 --> 00:29:54,040
he is confident that one of the two wetlands will be determined to be non-jurisdictional.

371
00:29:54,460 --> 00:29:59,740
There is a chance that the larger of the two wetlands may be determined to be jurisdiction.

372
00:30:00,000 --> 00:30:06,280
And if needed, we will secure the property permitting. We are currently in communications

373
00:30:06,280 --> 00:30:12,140
with the Army Corps. We are waiting for them to assign the project to an investigator so

374
00:30:12,140 --> 00:30:18,200
that they can go out and map the site. We're hopeful that and understand that we need

375
00:30:18,200 --> 00:30:25,260
that finalized before the site plan approval. We had a geotech report gone and an archaeological

376
00:30:25,260 --> 00:30:30,520
assessment, all positive findings with respect to supporting the project.

377
00:30:31,560 --> 00:30:35,560
DEC comments we received at the planning board stage, and we'll address them.

378
00:30:36,260 --> 00:30:40,260
So the long and short of it is there are no negative environmental or municipal

379
00:30:40,260 --> 00:30:44,040
implications associated with our request tonight for the removal of the restrictions.

380
00:30:45,120 --> 00:30:49,400
And again, we received unanimous recommendation of approval from the planning board

381
00:30:49,400 --> 00:30:53,920
back in March. They did have some conditions associated with their approval,

382
00:30:53,920 --> 00:30:56,300
which we are more than happy to comply with.

383
00:31:02,290 --> 00:31:04,930
And again, the May 30th, 2017 recommendation

384
00:31:04,930 --> 00:31:08,030
from the Planning Department with respect to the special use permit

385
00:31:08,030 --> 00:31:11,850
finds that we are in conformity with all of the relevant criteria

386
00:31:11,850 --> 00:31:17,690
that this board should review and analyze with respect to the special use permit application.

387
00:31:20,770 --> 00:31:25,330
So in conclusion, we're requesting that the board issue a negative declaration,

388
00:31:25,930 --> 00:31:29,110
remove the office building restrictions from all three parcels

389
00:31:29,110 --> 00:31:31,990
and issue the special use permit pursuant to the code.

390
00:31:32,510 --> 00:31:34,350
With that, I'll open it up to any questions.

391
00:31:40,160 --> 00:31:43,040
As Linda Liz indicated, I'm Jeff Columbo with Barquay Day.

392
00:31:43,080 --> 00:31:46,840
And I just wanted to highlight a couple more things that Liz touched upon.

393
00:31:47,460 --> 00:31:51,080
I think it's important to note that respect to the wetland issue,

394
00:31:51,540 --> 00:31:55,560
CORE has gone out of their way to design around the wetlands.

395
00:31:55,700 --> 00:31:59,220
So the design that you see this evening does not impact the wetlands.

396
00:31:59,220 --> 00:32:06,200
It is possible after the Army Corps of Engineers completes their review, as Liz indicated,

397
00:32:06,340 --> 00:32:11,820
we have filed our permit application and our jurisdictional delineation, and it's possible

398
00:32:11,820 --> 00:32:13,900
that they may disagree somewhat.

399
00:32:14,140 --> 00:32:18,360
If they do, we redesign the plan, or we go ahead with the permit application.

400
00:32:18,660 --> 00:32:22,140
So they're doing everything they can to avoid the wetlands.

401
00:32:22,860 --> 00:32:27,300
And further confirmation of that is the fact that they are spending a lot of money

402
00:32:27,300 --> 00:32:32,520
to do underground parking. You don't often see that underground parking in the town of Amherst,

403
00:32:32,800 --> 00:32:37,860
but they have agreed to do underground parking here again primarily to avoid the wetlands.

404
00:32:38,440 --> 00:32:44,900
So this is a company that does this on campuses throughout the country in Arizona and South

405
00:32:44,900 --> 00:32:50,360
Carolina and Ohio State and so on and so forth who have come to the town of Amherst

406
00:32:50,360 --> 00:32:57,100
to do this development, which we believe will add significantly to the area. It's an area on

407
00:32:57,100 --> 00:33:02,160
North Forest Road that's been just ignored essentially for years. It's

408
00:33:02,160 --> 00:33:07,780
vacant property and we think that it's the appropriate place to put this given

409
00:33:07,780 --> 00:33:13,400
the location of the University of Buffalo. So we thank you and look forward to

410
00:33:13,400 --> 00:33:17,820
your approvals this evening. Thank you. Anyone from the audience like to address the

411
00:33:17,820 --> 00:33:18,000
board?

412
00:33:25,070 --> 00:33:28,310
My name's Warren Clark. I'm the president of the Better Business Bureau

413
00:33:28,310 --> 00:33:32,650
serving upstate New York. Our address is 100 Bryant Woods South. I

414
00:33:32,650 --> 00:33:37,490
appreciate the opportunity to speak this evening. Nine years ago, the Better

415
00:33:37,490 --> 00:33:41,850
Business Bureau spent over a million dollars to build a building in an office

416
00:33:41,850 --> 00:33:46,450
park to maintain an office structure where we could have an office

417
00:33:46,450 --> 00:33:51,550
environment. I do not believe that this project is the least bit compatible with

418
00:33:51,550 --> 00:33:56,910
that. You have property values. Every Monday morning we read in the

419
00:33:56,910 --> 00:34:01,790
paper about what's going on around the South Campus and I don't want to

420
00:34:01,790 --> 00:34:05,970
to wake up and have my people have to clean up on Monday mornings for parties that students

421
00:34:05,970 --> 00:34:15,550
have had. In addition, the other neighbors that these folks say are not that their building

422
00:34:15,550 --> 00:34:20,990
is compatible with, everyone else in that area are seniors. I have a mother-in-law who

423
00:34:20,990 --> 00:34:27,090
lives in one of the assisted living facilities, and besides that, they say that there's

424
00:34:27,090 --> 00:34:35,450
not going to be a traffic impact. North Forest Road is two lanes. It takes me 15 minutes to

425
00:34:35,450 --> 00:34:40,910
get from my house at Sheridan and Hopkins to my office on North Forest Road right now.

426
00:34:41,550 --> 00:34:47,690
You can't tell me that 300 or more additional cars is not going to impact that. In addition,

427
00:34:47,810 --> 00:34:51,590
they talked about the four stories being compatible with the surrounding environment.

428
00:34:51,590 --> 00:35:03,890
The nearest four-story building that I'm aware of is the building at the corner of North Forest and Audubon, which is a substantial distance away.

429
00:35:05,070 --> 00:35:13,930
I ask that you not grant them the right to make this anything other than an office park. Thank you.

430
00:35:13,930 --> 00:35:14,830
Hi.

431
00:35:21,920 --> 00:35:23,320
My name is Keith Bookbinder.

432
00:35:23,860 --> 00:35:28,400
Could I ask for the slide with the site plan to be put up one more time?

433
00:35:29,020 --> 00:35:31,380
It would be possible for me to just...

434
00:35:38,800 --> 00:35:44,760
Okay. The sign that I just am giving the board a copy of says,

435
00:35:44,820 --> 00:35:50,060
Bryant Woods Office Park, and that sign exists right at the corner of North Forest

436
00:35:50,060 --> 00:35:51,900
and Bryant Woods South currently.

437
00:35:53,500 --> 00:35:57,000
So right up there is North Forest Curves around to the top.

438
00:35:57,000 --> 00:36:01,180
I can tell you that when we went to build our building

439
00:36:01,900 --> 00:36:05,900
and invest a significant amount of money in our project,

440
00:36:06,700 --> 00:36:10,520
we too were interested in the parcel of land there

441
00:36:10,520 --> 00:36:12,280
because it was an office park.

442
00:36:12,780 --> 00:36:15,340
And if I can tell you also if it said that it was

443
00:36:15,340 --> 00:36:18,100
office, park, and student housing,

444
00:36:18,620 --> 00:36:19,760
we would not have built there.

445
00:36:19,800 --> 00:36:21,380
And I don't think any of the other people there

446
00:36:21,380 --> 00:36:22,640
would have built there also.

447
00:36:24,480 --> 00:36:28,420
The building to the lower right, that happens to be our building.

448
00:36:29,020 --> 00:36:38,220
And when you talk about the relief of conditions, it says the proposed use will be consistent with the scale of surrounding land uses on this portion of North Forest.

449
00:36:38,760 --> 00:36:46,260
I don't know exactly what that means, but I can tell you the four-story structure will stick out like a sore thumb in that area,

450
00:36:46,260 --> 00:36:52,020
because every other building on Brian Woods North and Brian Woods South are only one story.

451
00:36:53,720 --> 00:36:59,580
And again, student housing does not belong in an office park,

452
00:37:00,080 --> 00:37:04,920
and I think that if any of you had made the investment to move your business

453
00:37:04,920 --> 00:37:10,340
and to build a building in that area, you also would not want to see that kind of development

454
00:37:10,340 --> 00:37:14,100
right next door to your building and your business. Thank you very much.

455
00:37:14,100 --> 00:37:14,740
What

456
00:37:26,260 --> 00:37:33,200
damage will be done to the company that wants to build there?

457
00:37:33,840 --> 00:37:43,420
Is it so important to them that, I mean, if they didn't, they would dissolve or break up?

458
00:37:43,840 --> 00:37:54,580
No. I wouldn't give anybody a special ticket to do something if it really isn't going to mean a real tragic end

459
00:37:54,580 --> 00:38:04,020
into that company. So this is not a tragic kind of fail and get this. So you go along

460
00:38:04,020 --> 00:38:15,360
with that. If it was a tragedy or something, then maybe a special, okay, what I call a

461
00:38:15,360 --> 00:38:21,660
ticket, but it is a tragedy. They can find some place else. Thank you very much.

462
00:38:30,920 --> 00:38:34,820
Good evening, Don Smith. Quick question for the board here.

463
00:38:35,500 --> 00:38:39,900
Will this project, if it is denied at this meeting,

464
00:38:40,300 --> 00:38:42,900
will they have the opportunity to go to the Zoning Board of Appeals

465
00:38:42,900 --> 00:38:46,000
and ask for a reversal at the Zoning Board of Appeals level?

466
00:38:46,440 --> 00:38:47,800
Have they been there already?

467
00:38:49,480 --> 00:38:52,600
Recent activities there have shown that some of the resolutions

468
00:38:52,600 --> 00:38:55,940
that this board has passed have been reversed by the Zoning Board of Appeals.

469
00:38:55,940 --> 00:39:01,580
So my question for you, is this a candidate or has it already been to the zoning board of appeals?

470
00:39:01,820 --> 00:39:02,420
Thank you very much.

471
00:39:09,810 --> 00:39:12,270
Judy Ferraro, 213, Donna Lee.

472
00:39:13,250 --> 00:39:18,390
Removal of deed restrictions on a parcel of Greenland, really.

473
00:39:19,350 --> 00:39:23,290
More green space destroyed for student housing, really.

474
00:39:24,030 --> 00:39:29,310
Are you aware that according to experts that you have hired, Amherst is built out.

475
00:39:29,310 --> 00:39:36,850
We do not need more student housing, hotels, business offices, the list goes on.

476
00:39:37,390 --> 00:39:39,010
We need redevelopment.

477
00:39:39,590 --> 00:39:46,690
Do not allow more green space, wetlands, wildlife habitats, residential neighborhoods

478
00:39:46,690 --> 00:39:53,270
to continue to be destroyed for the simple reason of making rich cronies richer.

479
00:39:53,950 --> 00:39:54,370
Thank you.

480
00:39:54,370 --> 00:39:55,190
I'd

481
00:39:59,800 --> 00:40:00,780
like to address the board.

482
00:40:02,910 --> 00:40:06,030
Where do we finish the public portion?

483
00:40:12,840 --> 00:40:14,780
My name's Mary Shapiro for the record.

484
00:40:15,180 --> 00:40:16,440
I'm a member of the planning board,

485
00:40:16,480 --> 00:40:18,400
but I'm not speaking for them tonight,

486
00:40:18,400 --> 00:40:19,540
speaking for myself.

487
00:40:21,920 --> 00:40:25,440
I have no view one way or the other on this.

488
00:40:25,640 --> 00:40:28,600
However, I would like you to take into account

489
00:40:29,180 --> 00:40:32,940
the recent fatal accident on North French

490
00:40:32,940 --> 00:40:43,700
as well as the pedestrian fatal incidents on Niagara Falls Boulevard. That's five people within the past three years.

491
00:40:44,240 --> 00:40:51,540
And I'd like you to consider whether there is a safe route for those people to UB. Thank you.

492
00:40:51,800 --> 00:40:52,100
Anyone

493
00:40:58,940 --> 00:41:05,380
else like to address the board on this public hearing? In a few minutes we're going to have another public hearing which is going to be identical.

494
00:41:06,940 --> 00:41:10,360
anyone else? I'll make a motion to close the public hearing.

495
00:41:10,820 --> 00:41:11,120
Second.

496
00:41:11,440 --> 00:41:13,600
All in favor of closing the public hearing, please say aye.

497
00:41:13,760 --> 00:41:14,020
Aye.

498
00:41:14,160 --> 00:41:15,240
Opposed? Carried unanimously.

499
00:41:15,760 --> 00:41:18,300
Jeff, you wanted to make a comment, and then we're going to move on.

500
00:41:18,560 --> 00:41:21,820
Yes, I did. Thank you. I just want to point out a couple of things.

501
00:41:21,940 --> 00:41:23,340
Number one, this is not a rezoning.

502
00:41:23,880 --> 00:41:26,980
The property is zoned properly for student housing.

503
00:41:27,500 --> 00:41:31,760
The only question is that restriction that was placed on a number of years ago with

504
00:41:31,760 --> 00:41:37,660
respected office use only. So this is not a rezoning. Number two, it's compliant with

505
00:41:37,660 --> 00:41:42,840
the master plan. Student housing fits with the master plan on this site. Fits perfectly

506
00:41:42,840 --> 00:41:48,740
with it. In fact, the planning board's recommendation included a summary to you that supports

507
00:41:48,740 --> 00:41:54,840
that position that this plan is in conformity with the master plan. Number three, with

508
00:41:54,840 --> 00:41:58,640
respect to the issue of traffic, there aren't going to be 300 cars there. There's

509
00:41:58,640 --> 00:42:03,720
going to be bikes, there's going to be people that walk. We have numbers that were submitted

510
00:42:03,720 --> 00:42:09,600
as part of the traffic study. In the morning, the peak hour that we anticipate exiting the

511
00:42:09,600 --> 00:42:15,780
site to go to the school is approximately 77 in a peak hour. In the PM, the peak hour

512
00:42:15,780 --> 00:42:20,900
is 100. So we're not talking about a mass exodus all at once. We have classes that

513
00:42:20,900 --> 00:42:24,880
go on throughout the day at the university, so people are not all leaving at the same

514
00:42:24,880 --> 00:42:27,120
time and they're not all coming back at the same time, obviously.

515
00:42:27,780 --> 00:42:30,300
And again, as I've indicated, many of them bite, many of them walk.

516
00:42:31,020 --> 00:42:33,760
In terms of security, this company knows what they're doing.

517
00:42:33,940 --> 00:42:36,580
They've done it as I've indicated throughout the country.

518
00:42:36,900 --> 00:42:38,020
They take care of security.

519
00:42:38,240 --> 00:42:39,380
They do background checks.

520
00:42:39,680 --> 00:42:44,360
If there are any problems, there's a zero tolerance policy in effect with these places.

521
00:42:44,760 --> 00:42:46,600
So we have that under control.

522
00:42:46,940 --> 00:42:51,940
And again, I would ask you to support the recommendation that was made by the planning board unanimously.

523
00:42:53,180 --> 00:43:03,040
Thank you. Okay. If it meets with the board's approval, I would like to have the second public hearing and then have a consideration of the board wants to vote on both of them.

524
00:43:04,840 --> 00:43:05,900
With everyone's approval.

525
00:43:06,580 --> 00:43:08,160
Question. Do you want to do all of our questions?

526
00:43:12,350 --> 00:43:13,470
Oh, I thought we asked our questions.

527
00:43:13,870 --> 00:43:14,570
No, you asked the question.

528
00:43:14,830 --> 00:43:14,990
Oh.

529
00:43:16,690 --> 00:43:22,090
Why don't we have the second public hearing and the board can ask their questions for both of them?

530
00:43:23,090 --> 00:43:23,530
Okay.

531
00:43:23,710 --> 00:43:24,110
Is that okay?

532
00:43:24,710 --> 00:43:27,990
Make a motion to open the next public hearing on this site.

533
00:43:31,870 --> 00:43:32,190
Thank you.

534
00:43:34,250 --> 00:43:37,550
All in favor, open in the public hearing, please say aye.

535
00:43:38,110 --> 00:43:41,190
Opposed, carries an answer. Did you want to do another presentation, Jeff?

536
00:43:41,990 --> 00:43:44,730
This is actually your opportunity now to talk.

537
00:43:45,290 --> 00:43:52,270
I would like the board to incorporate all of the statements and presentation that we made at the first public hearing.

538
00:43:52,270 --> 00:43:59,010
We could certainly go through it again, but for the record, I will just make a few comments that we've already made.

539
00:43:59,190 --> 00:44:06,010
Number one is that the property is zoned properly for this use, the student housing use.

540
00:44:06,530 --> 00:44:10,930
We are compliant with the master plan. We have a unanimous, which is very rare,

541
00:44:11,330 --> 00:44:19,870
a unanimous approval from the planning board asking you to remove this restriction to allow the student housing to take place.

542
00:44:19,870 --> 00:44:23,730
We have a company that is proficient at what they do.

543
00:44:24,110 --> 00:44:29,230
You can check their records. You can check online and talk about problems.

544
00:44:29,450 --> 00:44:33,310
This is not a situation that they have at the South Campus at University of Buffalo.

545
00:44:33,850 --> 00:44:36,450
This is a contained facility. It's a secure building.

546
00:44:37,150 --> 00:44:39,950
There's blocks. There's keypads.

547
00:44:40,090 --> 00:44:42,950
There's all kinds of things that keep strangers out of the building

548
00:44:42,950 --> 00:44:45,110
and keep the residents in the building.

549
00:44:45,110 --> 00:44:50,930
In terms of the traffic numbers, again, it's a very minor traffic impact,

550
00:44:51,170 --> 00:44:58,250
given the fact that there are students here that use transportation facilities other than vehicles.

551
00:44:58,910 --> 00:44:59,590
So for the record,

552
00:45:00,000 --> 00:45:07,920
The morning we're talking about 77 cars, and in the evening peak hour we're talking about 100 cars returning in that one hour.

553
00:45:08,140 --> 00:45:16,420
So this is not a significant impact, and that was confirmed by both the Traffic and Safety Committee and the county in their review of the documents.

554
00:45:17,180 --> 00:45:22,680
So if there are any questions, I'd be happy to try to answer them. We also have a representative here from CORE.

555
00:45:22,680 --> 00:45:29,440
Or if you'd like any more detail on what they do and how they do it, be happy to allow them to make that presentation.

556
00:45:33,460 --> 00:45:34,220
This is the public portion.

557
00:45:35,300 --> 00:45:40,940
Okay, this is the public portion of the second public hearing on this site. Does anyone want to address the board?

558
00:45:44,380 --> 00:45:45,200
I would. Thank you.

559
00:45:46,260 --> 00:45:49,840
First of all, it can't be zoned properly if there's a restriction on it.

560
00:45:49,900 --> 00:45:53,240
So that is just a semantic. It's a silly use of words.

561
00:45:53,720 --> 00:45:57,480
Second of all, there's no guarantee that there's going to be 77 cars.

562
00:45:57,480 --> 00:46:04,440
There are 450 students there. Many of them could wind up with classes at the same time coming and going.

563
00:46:04,940 --> 00:46:12,120
So this is just a guess at somebody, and they're guessing with our investment and other investment of business owners in that area.

564
00:46:12,500 --> 00:46:18,300
I think this is wrong. North Forest Road is two lanes total, not in each direction.

565
00:46:18,860 --> 00:46:22,440
Bryant Wood South is a curvy road as is north.

566
00:46:23,280 --> 00:46:26,400
There's just no room to have 500 kids,

567
00:46:26,820 --> 00:46:30,560
and I don't care how good these people are at controlling their own people with access.

568
00:46:31,060 --> 00:46:34,660
There are going to be people on our front lawns and making a mess,

569
00:46:34,780 --> 00:46:37,940
and their friends are going to come and visit, and these people can't control that.

570
00:46:38,220 --> 00:46:42,260
And I ask you to please consider those of us that have already made our investments

571
00:46:42,260 --> 00:46:45,020
and planted our roots in this area. Thank you.

572
00:46:52,620 --> 00:46:53,900
This is the public portion.

573
00:46:57,380 --> 00:47:00,080
I want to make, I'm Jeff Goode at 17 Roman Lane.

574
00:47:00,460 --> 00:47:02,280
I wasn't here for this particular item,

575
00:47:02,340 --> 00:47:05,140
but I want to make one small comment on the traffic study issue.

576
00:47:05,660 --> 00:47:07,040
I work on the UB North Campus,

577
00:47:07,300 --> 00:47:10,180
and one thing that's very clear is that the kind of drivers

578
00:47:10,180 --> 00:47:13,920
who are 18 to 22-year-olds that you have drive differently

579
00:47:13,920 --> 00:47:17,340
and much less safely, especially when they're late for class,

580
00:47:17,600 --> 00:47:20,520
than the kinds of drivers who are usually going to an office park.

581
00:47:20,720 --> 00:47:22,960
So I usually try to get to campus very early

582
00:47:22,960 --> 00:47:27,960
and park far away from them specifically so I cannot be around people swerving in or out.

583
00:47:28,120 --> 00:47:31,900
So I don't know what the traffic study did, but did it take into account the nature of

584
00:47:31,900 --> 00:47:32,980
these particular drivers?

585
00:47:33,760 --> 00:47:34,240
Thank you.

586
00:47:34,900 --> 00:47:39,950
Anyone else from the public light, please ask the board on this issue.

587
00:47:41,090 --> 00:47:43,730
If there'd be no one else, I'll make a motion to close the public hearing.

588
00:47:44,110 --> 00:47:44,310
Second.

589
00:47:44,830 --> 00:47:47,450
Well, I'm closing the second public hearing on this site.

590
00:47:47,750 --> 00:47:48,370
Please say aye.

591
00:47:48,590 --> 00:47:48,790
Aye.

592
00:47:49,050 --> 00:47:49,390
Opposed?

593
00:47:49,530 --> 00:47:50,030
Carriage and Amazon.

594
00:47:50,390 --> 00:47:50,770
Town board.

595
00:47:51,010 --> 00:47:51,110
Go ahead.

596
00:47:52,450 --> 00:48:00,490
I have a few questions. The relief of the condition is because of offices.

597
00:48:01,090 --> 00:48:01,290
Correct.

598
00:48:03,570 --> 00:48:10,270
My second question is in regards to vegetation. In the large packet that the board received,

599
00:48:11,190 --> 00:48:15,530
it says the proposed development will consume nearly the entire site, allowing virtually

600
00:48:15,530 --> 00:48:22,370
No existing vegetation to remain, but then in our board packet we have something that

601
00:48:22,370 --> 00:48:28,370
says, number two, the action will not result in the removal of destruction of large quantities

602
00:48:28,370 --> 00:48:30,030
of vegetation or fauna.

603
00:48:30,590 --> 00:48:31,490
So which is it?

604
00:48:31,790 --> 00:48:33,330
Are we destroying everything or are we keeping it?

605
00:48:33,330 --> 00:48:36,490
Well, we certainly aren't destroying everything because we're leaving the wetland area,

606
00:48:36,490 --> 00:48:38,790
so it's the latter rather than the former.

607
00:48:39,470 --> 00:48:45,430
As you can see from the plan, the existing wetlands that are marked on the plan will

608
00:48:45,430 --> 00:48:49,130
remain as is. They will not be removed. So all of that will be green area.

609
00:48:49,650 --> 00:48:52,630
Okay. So it's partially.

610
00:48:53,290 --> 00:48:56,770
Yeah. Well, certainly we will be removing

611
00:48:58,290 --> 00:49:01,710
the green space to the extent that we build the building and the infrastructure,

612
00:49:02,230 --> 00:49:05,190
but we'll be leaving, you know,

613
00:49:05,270 --> 00:49:08,890
a substantial portion of it far more than what is typically required.

614
00:49:10,590 --> 00:49:13,390
Okay. The third thing, there was a statement

615
00:49:13,390 --> 00:49:16,010
somewhere here in our packet of information about right away.

616
00:49:16,610 --> 00:49:19,710
The engineering department wants an easement for the sanitary sewer.

617
00:49:20,270 --> 00:49:21,670
Does that just want to confirm that?

618
00:49:22,610 --> 00:49:26,730
Correct. We will have to access Bryant Wood South for our sewer,

619
00:49:26,930 --> 00:49:28,230
so we will provide an easement.

620
00:49:28,710 --> 00:49:33,770
And we also, as Liz indicated, purchased a 15-foot strip of land

621
00:49:34,450 --> 00:49:36,210
from the Audubon Association.

622
00:49:36,830 --> 00:49:41,570
They held 15 feet back on our side of Bryant Wood South.

623
00:49:41,570 --> 00:49:49,710
We're purchasing that property and the sewer will run through there to Brian Wood south with an easement as requested by the engineering department

624
00:49:49,710 --> 00:49:56,130
In the March 16th packet. We received the fire chiefs was still pending

625
00:49:57,350 --> 00:50:00,370
But the attorney mentioned fire safety

626
00:50:00,370 --> 00:50:07,130
You saying fire safety and fire chiefs are the same thing or is it something I have not seen a comment from the fire chief

627
00:50:07,130 --> 00:50:16,110
They were waiting for their in the March 16th packet it says the Audubon

628
00:50:16,110 --> 00:50:19,850
Amendment table pending reviews the Highway Department the Fire Chiefs

629
00:50:19,850 --> 00:50:25,050
Association and the Army Corps of Engineers and it was that tabling was

630
00:50:25,050 --> 00:50:30,210
resolved with the letter from the fire and safety approving the plan and the

631
00:50:30,210 --> 00:50:35,310
Army Corps the Army Corps of Engineers has our delineation that was

632
00:50:35,310 --> 00:50:41,550
prepared by Earth Dimensions. It was assigned to Molly Conerton from the Corps, and then

633
00:50:41,550 --> 00:50:47,230
Molly Conerton was reassigned elsewhere in the State, and it's being reassigned to someone

634
00:50:47,230 --> 00:50:50,710
else that we've been trying to find out who, but it hasn't been reassigned yet.

635
00:50:51,090 --> 00:50:56,490
So what will happen is whoever ends up reviewing this from the Army Corps of Engineers will

636
00:50:56,490 --> 00:51:00,910
do one of two things. They'll either agree with the delineation that was prepared by

637
00:51:00,910 --> 00:51:08,470
Earth dimensions, or they will disagree. If they disagree and indicate that there are more wetlands than what we've proposed,

638
00:51:09,050 --> 00:51:13,070
then we will modify the plan accordingly. So you haven't heard from the Army Corps yet?

639
00:51:13,190 --> 00:51:19,010
We have not heard yet from the Army Corps, which again is not unusual at this stage. We would certainly have to at the site plan stage.

640
00:51:20,010 --> 00:51:24,610
Now, you mentioned underground parking and how many spaces are for underground parking?

641
00:51:24,610 --> 00:51:31,050
It's 190 for the underground parking, 110, I believe, on top, yes.

642
00:51:31,810 --> 00:51:40,550
And then the zoning, I know you said it didn't, but on page 3 of 13 in here, your form, it says,

643
00:51:44,450 --> 00:51:46,230
it talks about zoning.

644
00:51:46,470 --> 00:51:48,830
Is the use permitted or allowed by a special condition, yes.

645
00:51:48,830 --> 00:51:54,550
Is the zoning change requested as part of the proposed action?

646
00:51:55,070 --> 00:51:56,630
Newmark, yes, on the forum.

647
00:51:57,010 --> 00:52:03,450
Originally when we became involved with this, we had met with the planning department.

648
00:52:03,790 --> 00:52:08,370
And the planning department's maps indicate this was not rezoned.

649
00:52:08,470 --> 00:52:12,630
And the reason for that was that the deed restrictions that we talked about

650
00:52:12,630 --> 00:52:15,610
that limited it to office had never been recorded.

651
00:52:15,610 --> 00:52:23,310
So the prior building commissioner had taken the position that unless those deed restrictions were recorded, the rezoning is not finalized.

652
00:52:23,690 --> 00:52:25,850
The current building commissioner takes a different approach.

653
00:52:26,410 --> 00:52:32,210
The current building commissioner indicated to us and has taken the position that the property has been rezoned.

654
00:52:32,530 --> 00:52:38,090
The restrictions would have to be recorded, and those are the restrictions that we're asking you to waive.

655
00:52:38,650 --> 00:52:42,850
So the answer is the property is zoned properly.

656
00:52:45,550 --> 00:52:47,690
even though the form says differently.

657
00:52:48,170 --> 00:52:54,510
Because when we filed originally, we were told one thing, and now we've since been told something else.

658
00:52:54,990 --> 00:52:59,250
And I'm not blaming anybody. That's just the way the maps were in the planning department,

659
00:52:59,350 --> 00:53:03,250
and that's the way they had always proceeded under those circumstances.

660
00:53:03,930 --> 00:53:04,590
Okay. Thank you.

661
00:53:05,690 --> 00:53:05,950
Debbie?

662
00:53:06,290 --> 00:53:07,430
Yes. Thank you, Supervisor.

663
00:53:08,350 --> 00:53:12,410
My question concerns flooding, again, in our big packet.

664
00:53:12,410 --> 00:53:15,810
it. It says the New York State Department of Environmental Conservation

665
00:53:16,320 --> 00:53:20,650
commented that a state pollutant discharge elimination system, general permit

666
00:53:20,650 --> 00:53:24,290
for stormwater discharges from construction activity will be

667
00:53:24,290 --> 00:53:28,050
required for the project. A flood control land use permit,

668
00:53:28,410 --> 00:53:32,470
protection of waters permit, and floodplain development permit may be

669
00:53:32,470 --> 00:53:37,350
required. So this, and it does say the site is within an existing flood

670
00:53:37,350 --> 00:53:43,350
And then Ramona was referring to the environmental impact questionnaire.

671
00:53:44,370 --> 00:53:48,990
And it says the proposed action will result in development on land subject of flooding.

672
00:53:49,390 --> 00:53:50,730
It's page 3 of 10.

673
00:53:51,270 --> 00:53:56,390
So all that being said, if you want to build the dormitory,

674
00:53:57,070 --> 00:54:00,990
how will this factor be taken into account with construction

675
00:54:00,990 --> 00:54:07,210
that will be used to ameliorate whatever situation would occur with land like this?

676
00:54:07,210 --> 00:54:11,950
Sure. Anytime you have property that's in the floodplain, you'll have those exact comments from the DEC.

677
00:54:12,330 --> 00:54:15,110
It's every project that's located within the floodplain.

678
00:54:15,650 --> 00:54:22,710
So it's incumbent upon us to obtain a stormwater pollution prevention plan that you've indicated.

679
00:54:23,230 --> 00:54:27,810
We will have to provide that both to the town and to the DEC. Both of them have to approve it.

680
00:54:27,950 --> 00:54:32,350
And this all takes place at the site plan stage in terms of the water on the property.

681
00:54:32,490 --> 00:54:34,550
The water now goes where it goes.

682
00:54:34,550 --> 00:54:37,870
We will be controlling the water after it's developed.

683
00:54:38,210 --> 00:54:42,770
We will dictate in terms of where the water is stored and how it is released.

684
00:54:42,990 --> 00:54:48,370
And it would be released at a slower pace or at least not a greater pace than how it's being released now.

685
00:54:48,790 --> 00:54:52,430
The difference is it will be controlled as it's uncontrolled now.

686
00:54:55,820 --> 00:54:56,180
You're welcome.

687
00:54:57,440 --> 00:54:59,580
A couple of quick questions, Jeff.

688
00:54:59,980 --> 00:55:04,180
In the packet, I feel like I'm testing on your application here,

689
00:55:04,180 --> 00:55:07,220
But it mentions that there'd be potential variances.

690
00:55:07,380 --> 00:55:08,960
Are you aware of any variances?

691
00:55:09,180 --> 00:55:16,460
I mean, obviously, I've gotten to final design, but are you aware of any variances that will be required to get this to fit into this?

692
00:55:17,360 --> 00:55:23,100
No. The design that you have here meets all the setback requirements, the green space requirements, so on and so forth.

693
00:55:23,600 --> 00:55:32,420
OK. And secondly, I mean, whenever we talk about removal of restrictions, I mean, the presumption is there was a reason why the restriction was put in place in the first place.

694
00:55:32,420 --> 00:55:37,380
Obviously I wasn't around in 86 or 88 whatever when the restrictions were put in place.

695
00:55:37,820 --> 00:55:42,340
I can kind of guess based on the response we have from neighbors right now that it was put in place

696
00:55:42,340 --> 00:55:45,620
because they wanted to have an office environment here.

697
00:55:46,120 --> 00:55:50,680
So I guess what I'm asking you is what do you think has changed since 86-88

698
00:55:50,680 --> 00:55:56,600
that would make whatever reason this restriction was put in place in the first place no longer applicable?

699
00:55:57,080 --> 00:55:59,860
Because I mean, I don't disagree with you that the use is right.

700
00:55:59,860 --> 00:56:06,080
You guys met the seven tests as far as location and everything else looks good except that

701
00:56:06,080 --> 00:56:10,660
you're putting in the middle of an office park around office buildings that are not

702
00:56:10,660 --> 00:56:13,760
really compatible with this use.

703
00:56:14,240 --> 00:56:15,020
A couple of things.

704
00:56:15,140 --> 00:56:19,100
First of all, the focus of this project is on North Forrest.

705
00:56:19,480 --> 00:56:22,080
It's not on the Bryant Woodside, Southside.

706
00:56:22,460 --> 00:56:27,600
The vast majority of the residents as they will be departing in the morning or whatever

707
00:56:27,600 --> 00:56:31,500
time they leave, we'll be using North Forest. It doesn't make a whole lot of sense to go

708
00:56:31,500 --> 00:56:35,060
out to Bryant, Wood South, and sneak around to Audubon Parkway. It just doesn't make any

709
00:56:35,060 --> 00:56:39,680
sense. You're going in the wrong direction. So the vast majority of them will be focused

710
00:56:39,680 --> 00:56:45,700
on North Forest Road. And that, again, is proven by the fact that there's been this

711
00:56:45,700 --> 00:56:50,080
request for us to hook up to the bike path. So we will also be doing that. Nobody's

712
00:56:50,080 --> 00:56:54,100
going out to South, to Bryant, Wood South, to hook up to the Audubon bike path. They're

713
00:56:54,100 --> 00:56:58,800
coming out on the North Forest Road. The answer to the question though is those

714
00:56:58,800 --> 00:57:04,240
restrictions were put in place in 1986, 87, 88, 89 in that area. That's 30 years

715
00:57:04,240 --> 00:57:08,400
ago. People have had the opportunity to develop this property as office buildings

716
00:57:08,400 --> 00:57:12,240
for the past 30 years. There's no demand. There's no demand in the town of

717
00:57:12,240 --> 00:57:16,300
Amherst for office building. There is a demand for student housing and it's

718
00:57:16,300 --> 00:57:22,260
demonstrated by the demographic study that we actually produced and showed

719
00:57:22,260 --> 00:57:24,940
to the planning department, the planning staff.

720
00:57:25,760 --> 00:57:30,760
When we first met with the Building Commissioner a year and a half ago, that was the first question

721
00:57:30,760 --> 00:57:31,780
he asked us.

722
00:57:32,160 --> 00:57:35,360
Is there really a demand for student housing in the town of Amherst?

723
00:57:35,900 --> 00:57:39,480
And the folks from CORE, the real estate folks who have been out here and have been

724
00:57:39,480 --> 00:57:43,340
out throughout the country looking for land, indicated you're not even close yet.

725
00:57:43,820 --> 00:57:47,220
You're not even close to being filled in the town of Amherst.

726
00:57:47,480 --> 00:57:51,220
And those numbers you saw today, again, prove that fact.

727
00:57:51,220 --> 00:57:57,660
There's capacity, 98% of occupancy in the student housing in this area.

728
00:57:57,840 --> 00:57:59,520
So there is a demand for this.

729
00:57:59,720 --> 00:58:02,280
There is no demand for office buildings.

730
00:58:02,940 --> 00:58:06,880
Again, and I want to stress the fact that this is focused on the North Forest side.

731
00:58:07,600 --> 00:58:14,020
There are entrances and exits onto Bryant Wood South, but the activity is on the North Forest side.

732
00:58:19,390 --> 00:58:19,690
Oh, sorry.

733
00:58:20,130 --> 00:58:23,730
How many projects across the country have they done?

734
00:58:23,730 --> 00:58:25,930
You said they were on the phone.

735
00:58:28,530 --> 00:58:30,930
My name is Dan Floberg with CORE.

736
00:58:32,530 --> 00:58:36,090
We've done projects, I guess, in multiple states.

737
00:58:36,790 --> 00:58:42,230
We actually just opened up a new project in Madison where we've finished the first project there,

738
00:58:42,310 --> 00:58:42,970
so two there.

739
00:58:43,610 --> 00:58:45,090
We've done projects in Arizona.

740
00:58:45,730 --> 00:58:51,070
We've also completed projects now at the University of Mississippi, so Ole Miss.

741
00:58:52,090 --> 00:58:56,330
Right now for 2018, we're actually looking to deliver seven more projects.

742
00:58:56,750 --> 00:58:59,290
So I think between the development and then also the management,

743
00:58:59,810 --> 00:59:04,250
we're finally starting to really understand how to operate these buildings as well as develop them.

744
00:59:04,670 --> 00:59:05,130
So...

745
00:59:05,130 --> 00:59:06,070
I'm sorry.

746
00:59:06,790 --> 00:59:07,410
Did that help her?

747
00:59:07,830 --> 00:59:09,030
How long have you been in existence?

748
00:59:09,950 --> 00:59:12,830
So, CORE has been around for about seven years now.

749
00:59:13,350 --> 00:59:15,550
So the first project was started seven years ago.

750
00:59:16,450 --> 00:59:22,830
In the other projects like this in office areas near the campuses but like in office parks like this?

751
00:59:23,110 --> 00:59:26,850
You know we've done a lot of projects actually that are more urban so like mid-rise.

752
00:59:27,690 --> 00:59:31,130
I'm actually doing a project now in Orlando that's similar about four stories.

753
00:59:31,750 --> 00:59:36,250
But you know this is a little bit different where we do like to be right at main and main.

754
00:59:36,730 --> 00:59:39,830
You know the students that we kind of cater to are a little bit more sophisticated

755
00:59:39,830 --> 00:59:45,210
and are willing to I guess look for you know the best I guess housing available.

756
00:59:45,210 --> 00:59:52,430
So that's kind of what we'd like to do here, but it's a little bit further from campus than we've usually done.

757
00:59:53,010 --> 00:59:58,710
But we still think that with the parking and the size of the university, there's plenty of demand.

758
00:59:58,710 --> 00:59:59,970
So there's just actually...

759
01:00:00,000 --> 01:00:03,900
Certainly not that much space around the campus from all the research we've done, so.

760
01:00:05,500 --> 01:00:06,200
Thank you.

761
01:00:06,660 --> 01:00:17,280
If you put more landscaping barrier between your place and the office, would that help satisfy the office people?

762
01:00:17,540 --> 01:00:24,700
Certainly. We'll work with the planning department to put berms there if there's room to put berms, put more landscaping.

763
01:00:24,700 --> 01:00:29,980
Whatever the planning department thinks is appropriate, we'd be willing to do.

764
01:00:30,560 --> 01:00:32,720
Well, the gentleman standing behind you, I know.

765
01:00:33,040 --> 01:00:34,780
Yeah, no, that would not be an issue.

766
01:00:34,980 --> 01:00:36,220
The other gentleman, sorry.

767
01:00:38,680 --> 01:00:40,180
Thank you. I'd like to read.

768
01:00:40,200 --> 01:00:41,180
You're trying to find a compromise here?

769
01:00:41,280 --> 01:00:43,280
Well, I appreciate it. I didn't know what the protocol was,

770
01:00:43,340 --> 01:00:45,800
but I'd like to rebut the idea, first of all,

771
01:00:45,960 --> 01:00:48,020
that no one's going to go to Bryantwood South,

772
01:00:48,020 --> 01:00:51,960
because if they go to Bryantwood South all the way up to Audubon,

773
01:00:52,040 --> 01:00:53,620
that leads directly into the campus,

774
01:00:53,620 --> 01:00:58,540
and that's actually going to be a more direct route than North Forest, which is windy and

775
01:00:58,540 --> 01:00:59,120
two lanes.

776
01:00:59,620 --> 01:01:04,300
And I have to tell you, when we pull into our office on Bryant Woods South, we're on

777
01:01:04,300 --> 01:01:09,400
a curve right next to the Logan Valenti offices, and I can't tell you how many times cars

778
01:01:09,400 --> 01:01:14,220
come speeding through there that if one of these kids is on a bike or they're walking,

779
01:01:14,580 --> 01:01:18,920
that this is going to be a dangerous situation and it's going to be dangerous on Bryant

780
01:01:18,920 --> 01:01:20,500
Woods and on North Forest.

781
01:01:20,500 --> 01:01:25,220
There is no way that somebody is just automatically going to go to North Forest on this because

782
01:01:25,220 --> 01:01:28,720
North Forest is busy, regardless of what they're trying to tell you.

783
01:01:29,560 --> 01:01:30,420
Thank you.

784
01:01:30,940 --> 01:01:31,240
Okay.

785
01:01:31,520 --> 01:01:33,940
We don't have an exit to...

786
01:01:37,400 --> 01:01:43,320
Traffic safety clearly indicated to us the preference to have access out to Bryantwood

787
01:01:43,320 --> 01:01:43,620
South.

788
01:01:44,140 --> 01:01:49,140
If at the end of the day, the site plan, someone feels that that's not appropriate,

789
01:01:49,140 --> 01:01:50,640
then we wouldn't have it there.

790
01:01:51,460 --> 01:01:55,320
But in terms of circulation and fire safety,

791
01:01:55,880 --> 01:01:59,000
the more access you have to the building, the better off you are.

792
01:02:00,540 --> 01:02:03,120
Okay, I was going to ask my questions next. Did you want to go again?

793
01:02:03,340 --> 01:02:10,120
I just have a question. Do we have any comments or opinions from the University at Buffalo about this project?

794
01:02:10,320 --> 01:02:15,960
I don't know if it's even appropriate, but do you have any information had you talked to them as far as need?

795
01:02:15,960 --> 01:02:21,020
We have met with them, Representative Corr met with the University of Buffalo,

796
01:02:21,720 --> 01:02:23,720
and they have no objections to this whatsoever.

797
01:02:24,260 --> 01:02:29,000
In fact, they've agreed to allow the shuttle service from our facility onto the campus.

798
01:02:29,900 --> 01:02:31,520
So they're in complete agreement.

799
01:02:33,020 --> 01:02:38,800
My first question is, what makes your proposal this large building

800
01:02:38,800 --> 01:02:44,340
more upscale than the existing student housing along Ranch Road or in Heron Court?

801
01:02:44,340 --> 01:02:49,460
I think that the amenities within the building itself, the granite countertops, the floor

802
01:02:49,460 --> 01:02:54,340
planks, whatever they are, all the different things that are in this building are top of

803
01:02:54,340 --> 01:02:54,700
the line.

804
01:02:54,880 --> 01:02:56,400
Everything in here is top of the line.

805
01:02:56,960 --> 01:03:00,700
And as Dan indicated, they get higher rents.

806
01:03:01,100 --> 01:03:05,580
So these rents are going to be higher than the normal rents, and they have no problem

807
01:03:05,580 --> 01:03:06,560
renting these out.

808
01:03:06,980 --> 01:03:09,860
As I indicated several times now, they're very experienced at it.

809
01:03:09,900 --> 01:03:10,640
They know what they're doing.

810
01:03:11,140 --> 01:03:12,240
How high are the rents?

811
01:03:15,940 --> 01:03:22,630
We actually are very conservative on the initial underwriting of these, so it's right in line with the market,

812
01:03:22,750 --> 01:03:28,370
but we think that there's plenty of room for us to actually get the demand to fill the building.

813
01:03:29,610 --> 01:03:30,850
I'm sorry, what was the number?

814
01:03:32,870 --> 01:03:37,150
Our pro forma number is it's actually just the same as market rent right now,

815
01:03:37,450 --> 01:03:43,470
and it's actually opening that's not including two years of escalation that we will see when it is finished in 2019.

816
01:03:44,210 --> 01:03:46,690
You can give us a number.

817
01:03:47,870 --> 01:03:54,890
Well, okay, so we have different units ranging from micros to five bedrooms.

818
01:03:55,110 --> 01:03:59,030
I believe the market rate here is $636 per bedroom per month,

819
01:03:59,410 --> 01:04:01,530
so that's what we're underwriting, on average.

820
01:04:03,540 --> 01:04:04,560
About the five bedroom.

821
01:04:05,620 --> 01:04:10,080
So it would be the actual bedrooms, as you increase in bedroom size,

822
01:04:10,900 --> 01:04:14,680
the rents are lower, like a micro unit or a one bedroom would be more expensive.

823
01:04:14,680 --> 01:04:17,280
So the average would be the 636.

824
01:04:17,540 --> 01:04:19,660
The bedroom and the bathroom per student?

825
01:04:20,160 --> 01:04:26,560
Yes. The way we really try to differentiate these units is by having an individual bathroom per bedroom.

826
01:04:26,980 --> 01:04:30,440
When you have 500 students in one building, how do you keep peace in the building?

827
01:04:31,400 --> 01:04:38,000
Well, we do, like we said, security is kind of one of the most important things with our developments,

828
01:04:38,260 --> 01:04:43,940
not only for the residents but also for usually the parents that are looking at these places for their students to live in,

829
01:04:43,940 --> 01:04:49,500
So CCTV is enormous for us. We actually have CCTV in every hallway, every stairwell.

830
01:04:49,960 --> 01:04:54,420
And then also for access control, we have key fobs to get into all the amenity spaces.

831
01:04:54,720 --> 01:04:59,620
So basically, if something's happening, you can either see it or, you know, I guess the first elimination

832
01:04:59,620 --> 01:05:03,920
would be people actually can't get into the building without being a resident or being let in by residents.

833
01:05:04,220 --> 01:05:10,860
All the student housing facilities in the UB area talk about,

834
01:05:10,860 --> 01:05:14,880
They talked about security when they came to the town board for their approvals.

835
01:05:15,120 --> 01:05:19,520
They never stopped our police department from making multiple calls there.

836
01:05:19,760 --> 01:05:24,020
Our fire department for unavoidable alarms, it goes on and on and on.

837
01:05:24,280 --> 01:05:25,040
How are you different?

838
01:05:26,780 --> 01:05:29,860
Well, I think it's, you know, we did kind of talk about this with the playing board

839
01:05:29,860 --> 01:05:33,040
and it sounds like, you know, the false alarms are kind of difficult

840
01:05:33,040 --> 01:05:37,520
with the way that you guys run the fire department or the way that the systems work.

841
01:05:37,520 --> 01:05:41,120
where as if there is a false alarm it gets reported directly to the fire

842
01:05:41,120 --> 01:05:44,920
department so it sounds like the most important thing we can do is education

843
01:05:44,920 --> 01:05:48,920
for students so I think you know some well obviously none of our rooms are no

844
01:05:48,920 --> 01:05:52,180
smoking is allowed in any of our buildings so that should help but you

845
01:05:52,180 --> 01:05:55,400
know if someone burns toast it's kind of difficult to make the alarm not go

846
01:05:55,400 --> 01:05:58,700
off so so I think it's education and just make sure that you know you try

847
01:05:58,700 --> 01:06:03,220
and limit those occurrences so yeah we just had just to the back town

848
01:06:03,220 --> 01:06:06,020
we had a lawsuit over some burnt toast.

849
01:06:06,700 --> 01:06:07,060
Oh, really?

850
01:06:09,670 --> 01:06:11,550
Oh, boy.

851
01:06:15,400 --> 01:06:18,180
What are you proposing to do with all the dirt as you dig underground?

852
01:06:19,940 --> 01:06:20,880
I'm sorry, can you repeat that?

853
01:06:21,180 --> 01:06:23,680
What are you going to do with all the dirt as you dig underground?

854
01:06:24,280 --> 01:06:27,820
Well, I think the soil reports saying that, you know,

855
01:06:28,180 --> 01:06:29,420
number one, that this is a floodplain.

856
01:06:29,500 --> 01:06:30,700
We actually have to raise the site a bit.

857
01:06:31,060 --> 01:06:35,380
I close the two feet on average over the entire, I guess, three parcels.

858
01:06:35,380 --> 01:06:40,380
So hopefully a lot of it can be reused. I think if it's organic material, we're going to have to, you know, ship it off.

859
01:06:40,520 --> 01:06:44,260
And then there shouldn't be any environmental issues from what the reports have said.

860
01:06:44,340 --> 01:06:52,780
So we're trying to reuse as much as we can from, I guess, excavating the garage and the lower level parking to then raise the rest of the site.

861
01:06:53,620 --> 01:06:55,260
Is the Town Board having any more questions?

862
01:06:57,300 --> 01:06:58,900
Does the Town Board want to vote on this?

863
01:06:59,820 --> 01:07:01,880
Or does the Town Board want to send a decision date?

864
01:07:02,420 --> 01:07:06,040
I'd like to set a decision state if there would be anybody else that would be willing.

865
01:07:06,980 --> 01:07:08,320
Is there anybody else?

866
01:07:09,380 --> 01:07:11,820
I'd be interested in hearing from the Army Corps of Engineers.

867
01:07:12,560 --> 01:07:14,320
See what they have to say about the plan.

868
01:07:14,960 --> 01:07:22,900
Then possibly you working out several entrances from North Forest as opposed to...

869
01:07:22,900 --> 01:07:28,940
I understand the need for fire trucks being able to get into this area.

870
01:07:28,940 --> 01:07:40,800
If you could have multiple entrances here and block somehow from the office, so those people who are concerned about the traffic in Bryant with South.

871
01:07:42,560 --> 01:07:46,220
And then I don't know when do you expect the Army Corps of Engineer to hear from them.

872
01:07:46,560 --> 01:07:55,400
I have no objection to tabling the decision to another day to allow us to meet again with traffic and safety on the access issue and fire safety.

873
01:07:55,400 --> 01:08:00,200
And we will do our very best to meet with somebody at the Army Corps of Engineers.

874
01:08:00,940 --> 01:08:03,660
And if the neighbors would like to meet with us, we'll certainly do that as well.

875
01:08:03,840 --> 01:08:06,580
Those folks too, to try and work something out if you can.

876
01:08:07,240 --> 01:08:08,200
We'd be happy to do that.

877
01:08:08,560 --> 01:08:11,400
Also, Supervisor, to your point, which was a good one,

878
01:08:11,920 --> 01:08:17,760
if you would be willing to meet with the Amherst police to just go over whatever security you have proposed

879
01:08:17,760 --> 01:08:21,700
and to see how adequate or what suggestions they might have.

880
01:08:22,800 --> 01:08:23,800
Fine. No problem.

881
01:08:24,520 --> 01:08:25,440
Okay, thank you.

882
01:08:25,740 --> 01:08:26,960
Do you want to set a decision date?

883
01:08:27,880 --> 01:08:29,920
I'd rather wait until...

884
01:08:29,920 --> 01:08:30,120
Okay.

885
01:08:30,940 --> 01:08:33,240
Do you want to wait to set a decision date?

886
01:08:33,420 --> 01:08:33,600
Okay.

887
01:08:35,360 --> 01:08:36,500
It's a town boy's decision.

888
01:08:37,780 --> 01:08:39,220
To not set the date?

889
01:08:39,400 --> 01:08:40,180
Not set a decision date.

890
01:08:40,180 --> 01:08:43,220
So you're incumbent on us to come back to you and then...

891
01:08:43,220 --> 01:08:45,080
Until the answers to this information are provided.

892
01:08:45,780 --> 01:08:47,440
Jeff, when you do come back though,

893
01:08:47,500 --> 01:08:49,620
would you make sure that the second condition

894
01:08:50,300 --> 01:08:55,040
properly listed as North French road instead of North Forest road, instead of North French road.

895
01:08:55,840 --> 01:08:56,860
Second condition.

896
01:08:57,140 --> 01:09:01,660
Second condition of both resolutions show it as North French.

897
01:09:01,940 --> 01:09:02,160
Okay.

898
01:09:02,280 --> 01:09:04,040
I don't think North French is anywhere near here.

899
01:09:04,320 --> 01:09:04,860
All right.

900
01:09:05,160 --> 01:09:11,720
So I'm assuming then you're not voting on anything tonight, including the second half of the

901
01:09:11,720 --> 01:09:12,760
question.

902
01:09:12,760 --> 01:09:13,500
That is correct.

903
01:09:13,820 --> 01:09:14,040
Okay.

904
01:09:14,320 --> 01:09:14,800
Thank you.

905
01:09:16,260 --> 01:09:23,820
I'm making a motion to open the public hearing on Resolution 673, creating Chapter 167, Social

906
01:09:23,820 --> 01:09:28,520
Host Liability, and I assume all in favor of open the public hearing please say aye.

907
01:09:28,640 --> 01:09:28,960
Aye.

908
01:09:29,120 --> 01:09:29,500
Opposed?

909
01:09:29,640 --> 01:09:30,200
Carried unanimously.

910
01:09:31,160 --> 01:09:37,120
If I could just add also, oh I see students in the back, high students, we're getting

911
01:09:37,120 --> 01:09:40,500
to the end of the year and you need your government studies credits.

912
01:09:40,500 --> 01:09:45,500
If you need a signature on your way out on my left, on your right, is Darlene Carroll,

913
01:09:45,680 --> 01:09:46,220
our controller.

914
01:09:46,680 --> 01:09:48,500
She'd be glad to give you a signature.

915
01:09:49,200 --> 01:09:51,900
It's a little bit past eight, and sometimes students start to leave.

916
01:09:55,750 --> 01:09:56,890
Okay, social host liability.

917
01:09:57,190 --> 01:09:57,510
Do you have a presenter?

918
01:10:11,340 --> 01:10:12,600
Good evening for the record.

919
01:10:12,740 --> 01:10:14,280
My name is Jeffrey Marion.

920
01:10:14,620 --> 01:10:18,920
I am the deputy town attorney for the town of Amherst.

921
01:10:19,240 --> 01:10:24,240
I did draft the local law that is the subject of this public hearing.

922
01:10:24,920 --> 01:10:35,400
Just to sum it up, it is a local law that is designed to create civil penalties as a result of loud or unruly house parties.

923
01:10:35,980 --> 01:10:46,480
And to hold either landlords be they in town, absentee, also parents or the owner of the house or legal guardian,

924
01:10:46,480 --> 01:10:54,580
and whoever actually has ownership of the house, to try to limit or deter the house party,

925
01:10:54,680 --> 01:11:00,000
loud house parties held by those who are unable to or unable to legally purchase alcohol

926
01:11:01,440 --> 01:11:02,740
in the state of New York.

927
01:11:04,080 --> 01:11:09,680
We did our, I did my best in terms of drafting the law to try to make sure we do process.

928
01:11:09,680 --> 01:11:18,280
What we're trying to do is essentially assess civil penalties in a form of fines that can

929
01:11:18,280 --> 01:11:23,720
start at $250 and increase from there.

930
01:11:24,400 --> 01:11:31,660
We also would be able to assess costs for police response.

931
01:11:32,620 --> 01:11:38,480
For example, for a first offense, we have a $250 fine and the requirement that the

932
01:11:39,440 --> 01:11:46,600
homeowner complete a, or landlord complete a substance abuse course within 90 days.

933
01:11:47,320 --> 01:11:48,960
Second violation is 500.

934
01:11:49,500 --> 01:11:51,920
A third violation within 12 months is $1,000.

935
01:11:52,660 --> 01:11:57,760
The only reason I come up that I did want to discuss this with you publicly

936
01:11:57,760 --> 01:12:05,840
is that as you consider this law, there are a number of sections of both the penal

937
01:12:05,840 --> 01:12:11,280
law and the alcoholic beverage control law, the state of New York, that are very effective

938
01:12:11,280 --> 01:12:14,340
penalties also that would include homeowners.

939
01:12:15,020 --> 01:12:22,900
For example, the portions of 60 alcoholic beverage control law, 6565A, 65B, and 65C,

940
01:12:23,580 --> 01:12:27,560
which all talk about the distribution of alcohol to minors.

941
01:12:28,200 --> 01:12:32,420
Those are often ticketed offenses and can be brought into the courts.

942
01:12:32,420 --> 01:12:40,180
I think the biggest one that you have is Section 26020 of the New York State Penal Law,

943
01:12:40,360 --> 01:12:43,580
which is unlawfully dealing with a child in the first degree.

944
01:12:44,220 --> 01:12:50,440
Now, Subsection 2 of that states that the person gives or sells or causes to be given

945
01:12:50,440 --> 01:12:56,440
or sold any alcoholic beverage to a person less than 21 years old.

946
01:12:57,080 --> 01:13:02,980
There is a section of the statute that allows someone charged with this crime,

947
01:13:03,240 --> 01:13:09,860
and it is a crime under New York law that requires as a condition of a future dismissal

948
01:13:09,860 --> 01:13:14,240
or an affirmative defense in the case to attend a substance abuse course.

949
01:13:14,960 --> 01:13:17,940
Now, the penalty in this case, it is a Class A misdemeanor.

950
01:13:18,280 --> 01:13:21,700
That contains a penalty of up to one year in jail,

951
01:13:21,700 --> 01:13:26,720
or a $1,000 fine or a period of probation,

952
01:13:27,360 --> 01:13:30,200
there can also be a conditional discharge attached to it.

953
01:13:30,980 --> 01:13:35,880
The conditional discharge being essentially what you might

954
01:13:35,880 --> 01:13:38,000
hear of as a suspended sentence.

955
01:13:38,780 --> 01:13:42,040
We're going to sentence you to up to one year in jail.

956
01:13:42,440 --> 01:13:45,840
The judge could sentence to any portion lower than that.

957
01:13:46,360 --> 01:13:49,180
Conditioned upon you maintaining the following

958
01:13:49,180 --> 01:13:50,600
conditions that you have no parties,

959
01:13:50,600 --> 01:13:58,640
You avoid further violations of the law. You attend the course, community service, et cetera, et cetera, et cetera.

960
01:13:59,020 --> 01:14:07,180
Also available as an option is a restitution so that we can also, if it's a concern about costs to the police force,

961
01:14:07,580 --> 01:14:13,540
those costs can be made part of restitution as a part of any plea deal, part of a sentence after trial,

962
01:14:14,400 --> 01:14:20,300
part of even what's known in the criminal procedure law and penal law as an

963
01:14:20,300 --> 01:14:24,140
adjournment and contemplation of dismissal. Where you're dealing with a

964
01:14:24,140 --> 01:14:30,760
first-time offender, you have a statute that allows you to say, okay, stay out of

965
01:14:30,760 --> 01:14:34,400
trouble for in many cases six months and there are certain offenses in the

966
01:14:34,400 --> 01:14:38,800
penal law that are one year, usually in domestic violence cases or drug

967
01:14:38,800 --> 01:14:43,380
possession cases and the cases dismissed and sealed as if it never happened.

968
01:14:43,840 --> 01:14:48,180
You would also be entitled, as a condition of that, it could also be brought forward

969
01:14:48,180 --> 01:14:55,500
to have payment of our costs to come out as a response, payment for any damage that was

970
01:14:55,500 --> 01:14:59,380
caused as a result of cars destroyed or any cleanup.

971
01:15:00,780 --> 01:15:08,780
As well as the requirement to take the class. So as you consider this law, there are effective

972
01:15:08,780 --> 01:15:16,040
tools that already exist within New York State law that do achieve the same objective and

973
01:15:16,040 --> 01:15:24,400
do help crack down and make these homeowners aware, be they landlords or be they actual

974
01:15:24,400 --> 01:15:33,300
tax-paying homeowners who reside in the home, make them aware of the seriousness of leaving

975
01:15:34,260 --> 01:15:40,020
underage drinkers unsupervised to throw a party and cause problems for the residents.

976
01:15:40,660 --> 01:15:47,580
I would also add that we have a very, very strong noise ordinance that also can be ticketed,

977
01:15:47,840 --> 01:15:52,220
which does include 15 days in jail and a $250 fine.

978
01:15:52,220 --> 01:16:11,340
So we have the tools also within our town laws and within the New York State penal and criminal procedure laws and the alcoholic beverage control law for our police to effectively enforce these laws and to crack down on these parties.

979
01:16:11,920 --> 01:16:17,380
So I won't take up any more time. I'm also available for questions if anyone else would like to speak on the matter.

980
01:16:17,380 --> 01:16:23,520
Thank you. This is an opportunity for anyone in the audience to speak on this topic,

981
01:16:25,940 --> 01:16:26,160
this

982
01:16:26,160 --> 01:16:28,980
proposed local law. Please come on up, Sally.

983
01:16:32,220 --> 01:16:43,700
Jim, for Coley. I'm having a little problem with A. We had a 50th anniversary party and

984
01:16:43,700 --> 01:16:53,580
And there was a lot of noise, but so did we break a, no, there's no mention of anything

985
01:16:54,070 --> 01:17:02,300
about booze or liquor if you have a party with loud and unruly gathering.

986
01:17:04,910 --> 01:17:09,080
You have to go in that house and see what is unruly.

987
01:17:09,080 --> 01:17:14,860
You have to go in that house and see why are they making such noise.

988
01:17:15,860 --> 01:17:22,660
Well, the reason we did, because being married 50 years, there was some dancing,

989
01:17:24,680 --> 01:17:26,860
some traditional tarot fellows.

990
01:17:28,100 --> 01:17:29,900
It was a lot of fun.

991
01:17:31,900 --> 01:17:36,940
But we could have been arrested by that ridiculous, excuse me, apologize,

992
01:17:36,940 --> 01:17:45,680
price, that A part. Now if you threw a little wine in there and they were boozed, that would

993
01:17:46,520 --> 01:17:54,860
not break that law either because there's nothing in A about booze. So maybe we can amend it

994
01:17:55,460 --> 01:18:03,640
so we can add, you're at a party and there's underage drinking or just drinking which are

995
01:18:03,640 --> 01:18:09,440
causing people to act mean or hurtin' other people?

996
01:18:09,760 --> 01:18:11,840
Fine, but not that thing.

997
01:18:12,480 --> 01:18:13,760
That thing is so...

998
01:18:13,760 --> 01:18:16,360
It's like a lawyer who doesn't...

999
01:18:16,360 --> 01:18:18,520
who hasn't had a serial in the morning.

1000
01:18:19,040 --> 01:18:19,440
Thank you.

1001
01:18:25,270 --> 01:18:25,650
Good evening.

1002
01:18:25,890 --> 01:18:27,010
My name's Sally Yagerick.

1003
01:18:27,070 --> 01:18:28,710
I live at 36th Country Parkway.

1004
01:18:29,730 --> 01:18:33,710
The history behind this is we were asked

1005
01:18:33,710 --> 01:18:37,330
and signed an actual contract with Wake Forest

1006
01:18:37,330 --> 01:18:41,270
to work on a social host ordinance for our community.

1007
01:18:41,910 --> 01:18:44,370
Erie County has a social host ordinance.

1008
01:18:45,090 --> 01:18:49,010
We wanted to take it a step further with the education piece in particular.

1009
01:18:50,370 --> 01:18:55,410
I don't believe that adults serve underage drinkers because they want to do harm.

1010
01:18:56,250 --> 01:19:01,430
I think if they're educated on what's actually happening, they'll choose not to do that.

1011
01:19:01,810 --> 01:19:05,490
And if we hold them responsible for what happens in their home,

1012
01:19:06,130 --> 01:19:09,730
They're going to maybe take a second look at what's going on.

1013
01:19:10,070 --> 01:19:13,190
It's not just about allowed and unruly party.

1014
01:19:13,510 --> 01:19:15,810
It's about serving underage drinking.

1015
01:19:16,810 --> 01:19:21,690
And that's what the intent of this ordinance was.

1016
01:19:22,510 --> 01:19:24,910
So I urge you to take a good look at it,

1017
01:19:24,950 --> 01:19:29,390
and you've always done well by the young people in our community.

1018
01:19:30,210 --> 01:19:32,210
This is another opportunity. Thank you.

1019
01:19:36,970 --> 01:19:37,350
Good evening.

1020
01:19:37,350 --> 01:19:39,990
My name is Ann Rohrer. I live at 44 Saber Lane.

1021
01:19:40,590 --> 01:19:43,330
I am the Coalition Coordinator for the Amherst Task Force,

1022
01:19:43,430 --> 01:19:46,350
which was involved in developing this ordinance

1023
01:19:46,350 --> 01:19:47,790
through a grant through Wake Forest.

1024
01:19:48,550 --> 01:19:50,430
We worked on this for over three years.

1025
01:19:51,150 --> 01:19:54,230
We have spoken to the Chief of Police in Amherst,

1026
01:19:54,250 --> 01:19:56,270
who was in total agreement with this.

1027
01:19:56,970 --> 01:20:00,470
We offer this as another tool to the police department

1028
01:20:00,470 --> 01:20:03,450
to help underage drinking in the town.

1029
01:20:04,170 --> 01:20:06,370
Our numbers are still showing by survey

1030
01:20:06,370 --> 01:20:09,590
that underage drinking and binge drinking is a problem.

1031
01:20:10,130 --> 01:20:16,710
We have results that show that at some of these parties there is a lot of damage being made to property damage.

1032
01:20:17,190 --> 01:20:22,930
There is damage being made. There is assaults that are happening on young people also from underage drinking.

1033
01:20:23,470 --> 01:20:32,410
It's just one way for us, one more way for us to protect the people of our community and the young people of our community.

1034
01:20:33,490 --> 01:20:37,050
Our biggest point was not to make this a criminal offense.

1035
01:20:37,590 --> 01:20:48,070
It was to make this a civil offense where we would offer education to people who were accused of having a party and underage drinking being served.

1036
01:20:48,730 --> 01:20:56,930
And for those of you who know me or don't know me, my biggest thing is educating the public and making sure everybody knows what's right and what's wrong.

1037
01:20:56,930 --> 01:21:00,870
So for us, the piece about education with the First

1038
01:21:00,870 --> 01:21:04,830
Defense is most important, not really the criminal

1039
01:21:05,710 --> 01:21:08,390
aspect. We know there are laws in existence,

1040
01:21:09,050 --> 01:21:13,010
but we have already spoken to Chief Aske, and he understands

1041
01:21:13,010 --> 01:21:16,870
this is just another tool that the police department can use. So we sincerely

1042
01:21:16,870 --> 01:21:21,090
hope that you give us the benefit of doubt that this is

1043
01:21:21,090 --> 01:21:24,770
something good for the community and good for the young people of this community

1044
01:21:24,770 --> 01:21:28,810
and approve this, which we have worked very hard to write.

1045
01:21:29,150 --> 01:21:29,550
Thank you.

1046
01:21:34,680 --> 01:21:35,280
Don Smith.

1047
01:21:35,520 --> 01:21:36,660
Don Smith, North Long.

1048
01:21:37,680 --> 01:21:41,500
Personally, I have no problem with the intent that this law states,

1049
01:21:41,800 --> 01:21:46,720
at least to the point it says, to help correct the problem of underage drinking.

1050
01:21:46,880 --> 01:21:49,720
I think that's probably a reasonable thing to try and do.

1051
01:21:50,220 --> 01:21:53,420
My question is to do is how is it effectively enforced

1052
01:21:53,420 --> 01:21:57,100
and how will it effectively help eliminate the problem?

1053
01:21:57,100 --> 01:22:02,580
Will it be just a law that's on the books that whose implementation does not in any

1054
01:22:02,580 --> 01:22:07,160
way change how actions are performed by the police in any way shape or form to actually

1055
01:22:07,160 --> 01:22:09,240
effectively handle the situation?

1056
01:22:10,040 --> 01:22:11,380
I have another question for you.

1057
01:22:11,780 --> 01:22:18,460
Under A, would a fireworks display at a country club be considered loud and noisy

1058
01:22:18,460 --> 01:22:25,680
and be subject to being an element that has to be, a complaint would cause them

1059
01:22:25,680 --> 01:22:27,980
to be told not to have it anymore.

1060
01:22:28,440 --> 01:22:34,780
Is there either exceptions to these rules for situations which occur in the town, or

1061
01:22:34,780 --> 01:22:37,740
would a fireworks display be considered loud and a boisterous?

1062
01:22:37,940 --> 01:22:39,920
From some respects, I think it is.

1063
01:22:40,620 --> 01:22:48,180
So I think it might, in summary, how does it effectively change how this problem

1064
01:22:48,180 --> 01:22:51,740
is managed by the police and by the community?

1065
01:22:51,920 --> 01:22:52,480
Thank you very much.

1066
01:22:52,480 --> 01:23:00,340
Anyone else from the audience like to address the town board on social responsibility?

1067
01:23:02,820 --> 01:23:05,140
Anyone else make a motion to close the public hearing?

1068
01:23:05,660 --> 01:23:05,940
Second.

1069
01:23:07,380 --> 01:23:10,100
All in favor of closing the public hearing please say aye.

1070
01:23:10,200 --> 01:23:10,320
Aye.

1071
01:23:10,700 --> 01:23:12,100
Opposed to carriage unanimously.

1072
01:23:12,840 --> 01:23:15,320
Town board questions on social host liability.

1073
01:23:19,950 --> 01:23:20,370
Any questions?

1074
01:23:21,710 --> 01:23:22,350
Oh, that's a question.

1075
01:23:22,990 --> 01:23:26,790
Jeff, just going back to some of the comments that Anne made,

1076
01:23:26,790 --> 01:23:31,070
The police were involved in the writing of this local line.

1077
01:23:31,170 --> 01:23:32,490
I know they had some concerns initially.

1078
01:23:33,570 --> 01:23:37,370
I don't know if Assistant Chief Cohen wants to come up and speak on this,

1079
01:23:37,590 --> 01:23:42,150
but, I mean, to your understanding, the police have been satisfied in the final version of the draft

1080
01:23:42,150 --> 01:23:46,450
that this is something that's enforceable that will assist them in doing their job.

1081
01:23:46,930 --> 01:23:50,850
Well, we did it. The police did have input right from the off

1082
01:23:50,850 --> 01:23:53,310
and also in this draft that I've put together.

1083
01:23:54,490 --> 01:24:02,810
So I can't really speak for them, but they did not express any concerns either way.

1084
01:24:03,550 --> 01:24:08,970
I did also run this by the court system.

1085
01:24:09,510 --> 01:24:10,990
I got their input as well.

1086
01:24:11,770 --> 01:24:18,350
So everybody's had input into this, and as I sent the draft around,

1087
01:24:18,350 --> 01:24:23,210
I got my comments back and I sent my final proposal out and that's sort of where we're at

1088
01:24:23,210 --> 01:24:29,970
So I can't necessarily speak for these departments, but if Chief Cohen would like to come up and bail me out here

1089
01:24:29,970 --> 01:24:30,690
That would be great.

1090
01:24:33,590 --> 01:24:36,490
Yeah, this is Jeff indicated. We have been

1091
01:24:37,250 --> 01:24:41,870
Conferred with from the very beginning. There was some concern that would be a big wound out of a lot of extra work

1092
01:24:43,190 --> 01:24:48,770
Chief ASCII has been stance. I was more closely than I had so I don't have anything prepared. I guess our official

1093
01:24:49,890 --> 01:24:54,550
We didn't ask for it, but we're not opposed to it, and if it does turn into a lot of extra

1094
01:24:54,550 --> 01:24:58,050
legwork and paperwork, we're hoping that if there ever is any fine money, it would be

1095
01:24:58,050 --> 01:24:59,350
directed back to the police department.

1096
01:25:02,120 --> 01:25:02,560
Thank you.

1097
01:25:04,100 --> 01:25:05,340
Any more time for questions?

1098
01:25:08,300 --> 01:25:10,080
Hearing none, I'll make a motion to approve.

1099
01:25:10,240 --> 01:25:10,440
Second.

1100
01:25:10,520 --> 01:25:10,780
Second?

1101
01:25:11,060 --> 01:25:11,120
Yeah.

1102
01:25:11,600 --> 01:25:12,440
Any further discussion?

1103
01:25:13,960 --> 01:25:17,820
I did know that Jimmy threw those kind of parties, but I...

1104
01:25:17,820 --> 01:25:18,760
You just don't get invited, John.

1105
01:25:18,780 --> 01:25:19,380
I don't.

1106
01:25:19,380 --> 01:25:22,620
I apparently was apparently was not on the guest list for that one.

1107
01:25:25,140 --> 01:25:29,700
All in favor of the

1108
01:25:32,700 --> 01:25:36,440
local law creating chapter one sixty seven called social host liability.

1109
01:25:36,940 --> 01:25:40,840
Please say aye. I posed care unanimously.

1110
01:25:44,700 --> 01:25:48,420
I'll make a motion to open the public hearing for resolution six seventy four.

1111
01:25:48,640 --> 01:25:55,020
A local or imposing a temporary wireless communication moratorium and I so move on favor.

1112
01:25:55,020 --> 01:25:56,080
Please say aye.

1113
01:25:56,380 --> 01:25:56,500
Aye.

1114
01:25:56,780 --> 01:25:57,160
Opposed?

1115
01:25:57,640 --> 01:25:58,240
Care unanimously.

1116
01:26:01,450 --> 01:26:02,210
Good evening.

1117
01:26:02,690 --> 01:26:05,230
Jo-Anne Schultz, senior deputy attorney for the town of Amherst.

1118
01:26:06,130 --> 01:26:16,110
This local law for a moratorium is to be imposed on all antennas, towers, and any infrastructure

1119
01:26:16,730 --> 01:26:19,790
for wireless telecommunications in the public right of way.

1120
01:26:20,510 --> 01:26:30,510
Since there's been serious increase in the number of applications to put these antennas

1121
01:26:30,510 --> 01:26:37,670
with the facilities and the packs that go along with them in the public right-of-way,

1122
01:26:37,850 --> 01:26:44,650
we've recently had 12 applications to the ZBA for special use permits in the Willow Ridge area.

1123
01:26:44,650 --> 01:26:54,810
The demand is being created because of all the streaming that's taking place with Facebook and streaming Netflix, streaming YouTube.

1124
01:26:55,550 --> 01:27:06,910
This is creating a huge demand, especially in front of areas that are densely populated, mostly in apartment buildings, I think student housing, that kind of thing.

1125
01:27:07,830 --> 01:27:16,530
And we need time to sit back, look at the rules, look at the federal mandates, look at the state mandates,

1126
01:27:17,050 --> 01:27:21,710
look at what rights the town has to control their own right-of-way,

1127
01:27:22,110 --> 01:27:27,910
to make sure that these facilities are not going up willy-nilly all over the place,

1128
01:27:28,070 --> 01:27:31,750
that we put them in areas that aesthetically are pleasing,

1129
01:27:31,750 --> 01:27:39,590
or they're not going up in front of homes without consulting with the residents and perhaps

1130
01:27:39,590 --> 01:27:45,490
come up with a process that is easier for the zoning board of appeals and the building

1131
01:27:45,490 --> 01:27:48,810
department to process the applications.

1132
01:27:49,250 --> 01:27:53,930
And we also, I think, need to look at coming up with master lease agreements with the

1133
01:27:53,930 --> 01:27:54,530
providers.

1134
01:27:55,090 --> 01:27:57,350
So that's the reason for the moratorium.

1135
01:27:57,350 --> 01:28:03,870
It's going to take a while to go through all those issues, and we've put together a wireless

1136
01:28:03,870 --> 01:28:11,430
telecommunications committee chaired by Francine's both, and we have full participation now,

1137
01:28:11,550 --> 01:28:17,770
and hopefully we can come to arrangements that will please most people in the community

1138
01:28:17,770 --> 01:28:21,170
and while providing the service that's required.

1139
01:28:22,010 --> 01:28:23,430
That's the reason for it.

1140
01:28:23,810 --> 01:28:24,310
Thank you.

1141
01:28:25,250 --> 01:28:30,610
Anyone from the audience like to address the board on this proposed moratorium?

1142
01:28:36,840 --> 01:28:43,200
I'm your neighbor, David Gettert, 606 Long Meadow, and I've heard a little bit about this subject.

1143
01:28:44,060 --> 01:28:47,820
I've done a lot of work as an electrician, as an electronics technician,

1144
01:28:47,820 --> 01:28:51,740
so I know a little bit about radio and radio frequency energy.

1145
01:28:53,040 --> 01:29:00,660
people have, okay, I love Verizon Fios that comes through a fiber, fiber cable, and most

1146
01:29:00,660 --> 01:29:06,700
of our stuff is coming through, I think it's coax. So I'm not completely sure why we need

1147
01:29:06,700 --> 01:29:13,800
to have so much more wireless. What I want to bring up is some people have expressed

1148
01:29:13,800 --> 01:29:36,500
health concerns about the level of radio energy. And based on experience and reading, I cannot make a comment, but I have to repeat these concerns about radio frequency level. Thank you.

1149
01:29:47,780 --> 01:29:49,940
Okay, so I'm Jeff Good, it's 17 Roman Lane.

1150
01:29:50,400 --> 01:29:54,220
Just very briefly, I just want to say that I'm in support of this moratorium.

1151
01:29:54,220 --> 01:29:55,360
I've spoken about it before.

1152
01:29:56,400 --> 01:29:59,660
One thing that really strikes me about it is I think this is a somewhat unusual case

1153
01:30:00,000 --> 01:30:04,120
Where the interest of residents who are concerned about aesthetics and other aspects of their houses

1154
01:30:04,120 --> 01:30:07,960
and housing values really align well with the financial needs of the town.

1155
01:30:08,180 --> 01:30:12,600
So what we've seen are there are other towns that have been quite effective at structuring

1156
01:30:12,600 --> 01:30:17,540
their codes to make sure that revenue from these kinds of new antennas are going where

1157
01:30:17,540 --> 01:30:21,980
possible to the town, as opposed to various other groups that might be leasing this property.

1158
01:30:22,380 --> 01:30:25,080
And at the same time, there are clearly residents' concerns about where these go.

1159
01:30:25,200 --> 01:30:28,260
So I think this is a really good time when these two interests have come together

1160
01:30:28,260 --> 01:30:33,100
which makes this a really positive step forward right now.

1161
01:30:33,600 --> 01:30:33,880
Thank you.

1162
01:30:40,320 --> 01:30:41,860
Alyssa Shield, 17 Roman Lane.

1163
01:30:43,620 --> 01:30:44,860
I'm in favor of this.

1164
01:30:45,180 --> 01:30:47,300
That's a very unprepared statement.

1165
01:30:48,160 --> 01:30:51,460
I'd like to thank the board for its thoughtful action on this critical issue

1166
01:30:51,460 --> 01:30:58,620
and to applaud your bipartisan sponsorship and unanimous support of Resolution 2017.674 this past May.

1167
01:30:59,440 --> 01:31:02,760
I wholly endorse the enactment of a temporary moratorium in Amherst

1168
01:31:02,760 --> 01:31:04,640
and urged the board to vote it into law.

1169
01:31:05,600 --> 01:31:07,720
Temporary moratorium would grant the town

1170
01:31:07,720 --> 01:31:09,920
the rare opportunity to expand, strengthen,

1171
01:31:10,220 --> 01:31:12,180
and modernize its wireless zoning code

1172
01:31:12,180 --> 01:31:13,860
in order to strike a balance

1173
01:31:13,860 --> 01:31:17,900
between the sensible provision of wireless services,

1174
01:31:18,180 --> 01:31:19,760
the legal obligations of the town,

1175
01:31:20,060 --> 01:31:21,720
while also taking into account

1176
01:31:22,120 --> 01:31:24,280
to the extent legally possible the nature

1177
01:31:24,280 --> 01:31:26,380
and livability of our residential neighborhoods.

1178
01:31:27,600 --> 01:31:29,620
Under the protection of this temporary moratorium,

1179
01:31:29,900 --> 01:31:32,420
the town could revise zoning code guidelines

1180
01:31:32,420 --> 01:31:36,120
that would prescribe clearer, reasonable, and more predictable criteria

1181
01:31:36,120 --> 01:31:40,620
to access and process wireless applications to ensure that

1182
01:31:40,620 --> 01:31:45,220
negative impacts are minimized while ensuring the equitable and non-discriminatory

1183
01:31:45,220 --> 01:31:48,440
treatment of FCC licensed cellular service providers.

1184
01:31:49,620 --> 01:31:53,300
Furthermore, a moratorium would allow for a much-needed update of the zoning code

1185
01:31:53,300 --> 01:31:58,860
to expressly address new technologies like small cell infrastructure and distributed antenna systems

1186
01:31:58,860 --> 01:32:03,480
systems, and to address current practices, placement, and maintenance of communication

1187
01:32:03,480 --> 01:32:08,800
facilities like those mentioned, in the public right-of-way, while also protecting, preserving

1188
01:32:08,800 --> 01:32:13,000
and maintaining the aesthetic character of areas where such right-of-ways exist.

1189
01:32:14,120 --> 01:32:18,560
And finally, this moratorium would provide time to research and instill into the zoning

1190
01:32:18,560 --> 01:32:23,500
code innovative ways to take full advantage of the emerging unique sites and infrastructure

1191
01:32:23,500 --> 01:32:30,920
that new technologies like small-cells and DAS systems bring in ways that benefit the town financially.

1192
01:32:31,680 --> 01:32:36,780
Amherst could see steady revenue from carrier, small-cell and DAS usage of municipal structures

1193
01:32:36,780 --> 01:32:42,260
and lands in town-owned right-of-ways through access permits, leases, and master agreements.

1194
01:32:43,180 --> 01:32:46,400
For these reasons and many more than three minutes allow me to touch upon,

1195
01:32:46,880 --> 01:32:49,460
I urge you to vote this resolution into law. Thank you.

1196
01:32:55,980 --> 01:33:01,940
Don Smith Northong, I think whenever you get into new technologies, in this case, the

1197
01:33:02,700 --> 01:33:07,740
small cell technologies, I think the town and the people that are starting from behind

1198
01:33:07,740 --> 01:33:12,620
and the technologists are way ahead, I think there needs to be a time for everybody to

1199
01:33:12,620 --> 01:33:18,460
catch up with what's going on and frankly you don't have the time to do it today.

1200
01:33:18,460 --> 01:33:24,560
I'm more concerned about both the micro issues, aesthetics and issues, and also the macro

1201
01:33:24,560 --> 01:33:31,740
issues as to the total density and the radio frequency density over large areas and what

1202
01:33:31,740 --> 01:33:32,460
they may mean.

1203
01:33:32,860 --> 01:33:37,520
As a matter of fact, I do use fiber optic myself and I find it very useful and a better

1204
01:33:37,520 --> 01:33:38,160
way of doing it.

1205
01:33:39,460 --> 01:33:43,700
That's why we're attached to a pole that currently has the bandwidth that people

1206
01:33:43,700 --> 01:33:44,100
are needing.

1207
01:33:44,860 --> 01:33:49,300
The question you have to answer, I think, at this point in time, is what other technology

1208
01:33:49,300 --> 01:33:52,820
may come next after this one and the next technology after this one.

1209
01:33:53,080 --> 01:33:57,340
Do we need it for one year, do we need it for three years, we need it for five years,

1210
01:33:57,640 --> 01:34:03,120
will it go away in ten years, will we be left with an archaic thing on your poles

1211
01:34:03,120 --> 01:34:04,000
in ten years from now?

1212
01:34:04,640 --> 01:34:08,300
What's the life cycle of this particular technology, how long it will last and what

1213
01:34:08,300 --> 01:34:10,120
will we replace it if we can predict that?

1214
01:34:10,120 --> 01:34:14,760
Well, we need a process in order to decide how we're going to handle technology going

1215
01:34:14,760 --> 01:34:18,480
forward in all these telecommunication areas in the future, because right now I don't think

1216
01:34:18,480 --> 01:34:19,480
you have one at this point.

1217
01:34:19,660 --> 01:34:19,940
Thank you.

1218
01:34:21,540 --> 01:34:24,920
Anyone else like to address the board needs to local law proposal.

1219
01:34:26,340 --> 01:34:28,420
I'll make a motion to close the public hearing.

1220
01:34:28,680 --> 01:34:28,900
Second.

1221
01:34:29,280 --> 01:34:31,460
Well, if they were closing the public hearing, please say aye.

1222
01:34:31,560 --> 01:34:31,700
Aye.

1223
01:34:31,960 --> 01:34:32,360
Opposed?

1224
01:34:32,500 --> 01:34:33,020
Carried unanimously.

1225
01:34:33,540 --> 01:34:34,660
Questions for Joanne?

1226
01:34:34,660 --> 01:34:40,760
I'll just address a couple of the issues this gentleman brought up with the RF, you know,

1227
01:34:40,760 --> 01:34:41,280
frequencies.

1228
01:34:42,340 --> 01:34:48,580
There's, you know, it's a unique area of the law where we have FCC mandates that basically

1229
01:34:48,580 --> 01:34:54,740
restrict the town's ability to, you know, make decisions based on some of those issues.

1230
01:34:54,900 --> 01:34:57,120
So those are issues that we need to study.

1231
01:34:57,380 --> 01:35:03,120
We have an interesting interplay between federal law, state law, and local law.

1232
01:35:03,120 --> 01:35:08,680
And that's one of the reasons why we want to take the time to address this issue correctly.

1233
01:35:09,760 --> 01:35:12,880
And I agree that the technology is changing all the time.

1234
01:35:13,220 --> 01:35:18,000
And this is why we're seeing all these applications for small cells

1235
01:35:18,000 --> 01:35:21,440
because they want to densify it even more.

1236
01:35:21,540 --> 01:35:26,240
So you're going to have macro towers with a lot of small cells in the public right away.

1237
01:35:26,340 --> 01:35:30,720
So it's a very important issue to handle properly.

1238
01:35:30,720 --> 01:35:34,380
If this local law is approved tonight, when does it go into effect?

1239
01:35:37,840 --> 01:35:40,340
It's going to

1240
01:35:42,640 --> 01:35:47,700
affect the microcells and the minicells in the right of ways.

1241
01:35:48,140 --> 01:35:50,680
It's not going to affect anything that's in the pipeline right now,

1242
01:35:50,980 --> 01:35:54,040
but it's going to put a hole on anything in the future.

1243
01:35:54,380 --> 01:36:00,320
Mobility came to us two months ago with a proposal that they had about eight locations

1244
01:36:00,320 --> 01:36:04,020
that they were seeking from, and they had some that were in Tanoana that they thought were

1245
01:36:04,020 --> 01:36:09,880
us. But I think there was representatives here last time asking for approval. And what

1246
01:36:09,880 --> 01:36:16,220
the Maratarn does is put a stop to those applications and say, okay, we need to study this and look

1247
01:36:16,220 --> 01:36:22,380
at these areas because one of the things we don't do is get the fee from the person

1248
01:36:22,380 --> 01:36:26,020
that puts it in the right away. They're only dealing with national grid right now

1249
01:36:26,020 --> 01:36:28,300
or it rises depending on who owns the pole.

1250
01:36:28,920 --> 01:36:31,880
If the 140-day moratorium begins on what day?

1251
01:36:31,940 --> 01:36:35,240
When it's filed with the Secretary of State, that's the answer that I should have given you.

1252
01:36:36,300 --> 01:36:38,640
Traditionally, a week, two weeks can be a month.

1253
01:36:39,020 --> 01:36:39,680
It can be six months.

1254
01:36:43,760 --> 01:36:44,660
Within ten days.

1255
01:36:46,500 --> 01:36:48,760
Right, right. As soon as it's filed.

1256
01:36:49,740 --> 01:36:54,440
And we do have some applications, of course, that came in already.

1257
01:36:54,760 --> 01:36:56,600
So we do have some issues there.

1258
01:36:56,720 --> 01:37:03,520
I'm working with the attorneys for Verizon to try and make that a smooth transition.

1259
01:37:04,120 --> 01:37:05,400
Over the days, two weeks.

1260
01:37:06,220 --> 01:37:07,500
I don't know if it makes a difference when you get it.

1261
01:37:07,900 --> 01:37:08,860
It's probably not worth it.

1262
01:37:09,200 --> 01:37:09,880
No, not worth it.

1263
01:37:10,160 --> 01:37:10,440
Don't worry about it.

1264
01:37:11,140 --> 01:37:14,860
Yeah, following up on what the supervisor was asking, which I think what he's trying to do

1265
01:37:14,860 --> 01:37:17,040
was trying to see if there was a way to extend the amount of time

1266
01:37:17,040 --> 01:37:19,400
that this basically goes for.

1267
01:37:20,420 --> 01:37:23,700
And the question becomes, I mean, 140 days

1268
01:37:23,700 --> 01:37:25,020
even going to be enough time.

1269
01:37:25,140 --> 01:37:26,800
And we're hiring a consultant.

1270
01:37:27,200 --> 01:37:30,420
We're going to look to write a new local law where

1271
01:37:30,420 --> 01:37:32,300
we've got a public hearing.

1272
01:37:33,000 --> 01:37:35,560
I can't imagine that this being done less than six months.

1273
01:37:35,980 --> 01:37:38,940
We hope to get it done within that time frame.

1274
01:37:39,180 --> 01:37:43,880
The problem is that we have shot clock requirements issued

1275
01:37:43,880 --> 01:37:49,340
by the FCC. So is it 140 days trying to relate to the applications that you've

1276
01:37:49,340 --> 01:37:53,720
already got, you're saying, or is it simple? I mean, what happens at the end of

1277
01:37:53,720 --> 01:37:58,180
140 days if we are not done with the new local law? Could we extend it? Can we...

1278
01:37:58,180 --> 01:38:02,840
We can extend it. We can extend it. But the reason why we picked that time frame

1279
01:38:02,840 --> 01:38:07,420
is because there's mandates, you know, federal mandates that say for a new

1280
01:38:07,420 --> 01:38:13,220
application you have to get a decision out within 150 days for a new

1281
01:38:13,220 --> 01:38:21,780
tower for a co-location. It's within 60 days. We obviously don't want to create a big problem

1282
01:38:21,780 --> 01:38:27,500
with the industry. We have to do this as carefully as we can, and that's why we chose the 140-day

1283
01:38:27,500 --> 01:38:28,160
timeframe.

1284
01:38:29,000 --> 01:38:31,080
We can extend it if needed.

1285
01:38:31,980 --> 01:38:34,240
How long could you extend it for?

1286
01:38:35,380 --> 01:38:41,580
You can extend it for whatever timeframe you want to at that juncture, whatever timeframe

1287
01:38:41,580 --> 01:38:43,360
and you think you might need.

1288
01:38:44,800 --> 01:38:49,460
But we're having a good dialogue with the industry.

1289
01:38:49,600 --> 01:38:52,420
They understand that this is not just unique to Amherst.

1290
01:38:52,440 --> 01:38:54,100
This is going on all over the country.

1291
01:38:54,740 --> 01:38:57,200
There's towns and cities that have put together

1292
01:38:57,200 --> 01:38:58,540
some great plans.

1293
01:38:58,940 --> 01:39:02,020
They have master plans that limit where they can go

1294
01:39:02,020 --> 01:39:03,520
and how they should look.

1295
01:39:03,800 --> 01:39:08,080
And this has been dealt with in many other cities already.

1296
01:39:08,080 --> 01:39:17,720
but it's definitely a new area that they're wading through as well because the FCC does

1297
01:39:17,720 --> 01:39:27,560
have mandates out there about requiring utilities to allow the cellular industry to put antennas

1298
01:39:27,560 --> 01:39:34,820
on their poles, National Grid has an agreement with all of them to do that, but we still

1299
01:39:34,820 --> 01:39:45,620
have a say with regard to where they can go in the public right of way, but a New York

1300
01:39:45,620 --> 01:39:51,760
state opted out of the federal agreement, but I don't think they've actually come out

1301
01:39:51,760 --> 01:39:59,580
with a mandate yet, so it's an interesting area. A lot of the townships and municipalities

1302
01:39:59,580 --> 01:40:05,120
are dealing with that. Have you submitted the RFP, resubmitted it for the consultant?

1303
01:40:05,480 --> 01:40:11,620
Yeah, that's out there and we're hoping to get the results soon. I mean, the responses.

1304
01:40:11,880 --> 01:40:18,120
And when are the responses due? I think it's June soon, within the next week or two.

1305
01:40:18,740 --> 01:40:24,040
Yeah. Okay, I'll make a motion to approve the temporary wireless communications moratorium.

1306
01:40:24,040 --> 01:40:24,660
Second.

1307
01:40:25,300 --> 01:40:26,740
All in favor, please say aye.

1308
01:40:26,980 --> 01:40:27,120
Aye.

1309
01:40:27,480 --> 01:40:27,820
Opposed?

1310
01:40:28,400 --> 01:40:29,240
Carried unanimously.

1311
01:40:29,860 --> 01:40:32,020
Can I also just make one statement, Barry?

1312
01:40:34,680 --> 01:40:35,360
That's okay.

1313
01:40:36,420 --> 01:40:37,020
That's all right.

1314
01:40:39,080 --> 01:40:44,580
I just want to say that our advisory committee is already met and we're meeting every two

1315
01:40:44,580 --> 01:40:46,800
weeks until the thing is done.

1316
01:40:48,900 --> 01:40:53,120
Make a motion for a five-minute recess at the request of someone.

1317
01:40:53,280 --> 01:40:53,520
Second.

1318
01:40:54,000 --> 01:40:55,380
All in favor, please say aye.

1319
01:40:55,600 --> 01:40:55,840
Aye.

1320
01:40:56,000 --> 01:40:56,360
Opposed?

1321
01:40:56,360 --> 01:40:57,040
This carries unanimously.

1322
01:43:45,240 --> 01:43:45,760
All right, come on.

1323
01:45:37,580 --> 01:45:41,180
All in favor?

1324
01:45:45,520 --> 01:45:46,920
Aye.

1325
01:45:50,520 --> 01:45:51,920
Aye.

1326
01:45:53,980 --> 01:45:55,380
Aye.

1327
01:45:55,380 --> 01:45:56,260
Aye.

1328
01:45:56,260 --> 01:45:56,720
Aye.

1329
01:45:57,140 --> 01:45:58,180
Aye.

1330
01:46:01,360 --> 01:46:02,760
Aye.

1331
01:46:05,500 --> 01:46:06,320
Aye.

1332
01:49:49,880 --> 01:49:51,340
I don't know what I need to do.

1333
01:49:53,620 --> 01:49:59,800
I don't know what I need to do.

1334
01:50:52,120 --> 01:50:54,140
Okay. I want to welcome everybody back.

1335
01:50:56,400 --> 01:50:57,180
Thank you.

1336
01:51:08,040 --> 01:51:12,220
The next item on the agenda is public expression and I so moved to open public expression.

1337
01:51:12,660 --> 01:51:12,880
Second.

1338
01:51:13,380 --> 01:51:15,520
All in favor of opening public expression, please say aye.

1339
01:51:15,700 --> 01:51:15,880
Aye.

1340
01:51:16,220 --> 01:51:16,520
Opposed?

1341
01:51:16,660 --> 01:51:17,200
Carried unanimously.

1342
01:51:21,960 --> 01:51:29,560
We've got John, Radzikowski first, followed by Warren Clark, who might have spoken, and

1343
01:51:29,560 --> 01:51:32,880
Keith Brookbinder, who might have spoken, moving right along.

1344
01:51:34,040 --> 01:51:35,240
Jennifer D. Ford.

1345
01:51:41,370 --> 01:51:48,410
I spoke to you on May 8th about requesting that all the members write a letter to Dr.

1346
01:51:48,530 --> 01:51:54,890
Zucker, the New York State Commissioner of Health, deny this certificate of need for

1347
01:51:54,890 --> 01:52:02,590
Project 171204 based on the unsuitable residential location.

1348
01:52:03,330 --> 01:52:10,350
On May 16th, 2017, I sent letters to Mr. Dr. Buckeye.

1349
01:52:10,790 --> 01:52:14,030
She responded with checking the paperwork first.

1350
01:52:15,670 --> 01:52:23,110
Second letter to Majority Yeager, she responded with a request that all members of the town

1351
01:52:23,110 --> 01:52:28,930
of Amherst board write to Dr. Zucker to deny the certificate of need for the 910 Miller

1352
01:52:28,930 --> 01:52:37,870
Board Highway Project 17120. I accept this Mrs. Yeager's request and endorse this.

1353
01:52:39,630 --> 01:52:43,830
For the record, I did not receive any correspondence or emails from

1354
01:52:44,610 --> 01:52:51,350
Barry Warnstein, Stephen Sanders, Francis Spapp, and Ramota Pavlovich.

1355
01:52:52,290 --> 01:52:55,950
All my letters will be submitted to the Town Clerk for record.

1356
01:52:56,810 --> 01:53:05,070
I strongly recommend to all board members to write to Dr. Zucker and follow Mrs. Jager's formal request. Thank you.

1357
01:53:05,670 --> 01:53:09,950
And I have all my letters that should be going into the record for the files.

1358
01:53:10,370 --> 01:53:11,630
So we send to every board member here.

1359
01:53:12,330 --> 01:53:12,770
Thank you.

1360
01:53:19,780 --> 01:53:21,200
Jennifer D. Fiore.

1361
01:53:28,680 --> 01:53:33,900
Jennifer D. Fiore, 500 IVHRs North, 100 feet from proposed clinic.

1362
01:53:33,900 --> 01:53:44,800
I am also here tonight urging the board members to read a letter to Dr. Zucker opposing Certificate of need for the 910 Miller's Port location on location only.

1363
01:53:45,600 --> 01:53:53,300
As with previous Town Council meetings and Egert Spill Community meetings, there has been zero representation from Catholic Health.

1364
01:53:53,820 --> 01:53:56,720
And yet again tonight, nobody is here from Catholic Health.

1365
01:53:57,000 --> 01:53:59,120
But we're here. We've been here every month.

1366
01:53:59,120 --> 01:54:03,440
Anytime there is a meeting, we attend, so we are asking your support.

1367
01:54:03,600 --> 01:54:05,480
Please help us by writing to Dr. Zucker.

1368
01:54:10,050 --> 01:54:13,650
Mary Shapiro followed by Thomas Franklin and Michelle Marconi.

1369
01:54:27,030 --> 01:54:29,850
Mary Shapiro, 16-year-old Woods Court.

1370
01:54:30,710 --> 01:54:37,450
I am, for the record, a member of the planning board, but I'm speaking just as an individual tonight, not for them.

1371
01:54:37,450 --> 01:54:45,110
I want to talk about Resolution 676 about mandatory training.

1372
01:54:46,330 --> 01:55:02,330
It says below that this is pretty much the status quo that the planning director would make it a log of the educational activities for each of the members, which is great.

1373
01:55:03,110 --> 01:55:07,690
That's kind of how it is now. I don't know if they make a log, but they collect the certificates.

1374
01:55:08,570 --> 01:55:12,810
The problem that I have is that there's no written procedure. There's no written guidance.

1375
01:55:13,310 --> 01:55:21,010
And I did try to find out how these certificates, et cetera, are compiled.

1376
01:55:22,190 --> 01:55:34,510
because we were notified that the 2016 educational activities were misplaced and that we should resubmit those.

1377
01:55:35,510 --> 01:55:42,890
I did submit mine in December of last year, and it's hard to believe they were misplaced by May.

1378
01:55:43,610 --> 01:55:49,930
So my question is, if you do pass this, can you also request that there's a written procedure

1379
01:55:49,930 --> 01:55:57,790
and that board members also receive the summary each year so we can make sure it's correct.

1380
01:56:00,870 --> 01:56:09,910
Second one is 692. This is amendments to chapter 203 regarding review of project applications.

1381
01:56:11,050 --> 01:56:18,030
I know that the town board did request the planning board to review this in conjunction with other members.

1382
01:56:19,970 --> 01:56:24,830
We did not. We were not really given any opportunity to do that.

1383
01:56:25,370 --> 01:56:32,850
And so I'm not sure where these recommendations come from, and I just wanted you to know that.

1384
01:56:34,850 --> 01:56:45,290
Last, and this is a personal thing, I really wish you would reconsider alienating 2.95 acres of parkland.

1385
01:56:46,750 --> 01:56:54,990
even though it's a stormwater drainage facility, it still is part of our recreational allotment of land in the town.

1386
01:56:55,470 --> 01:57:04,910
And I wish you would reconsider giving it away for something that's already protected green space

1387
01:57:06,470 --> 01:57:10,010
and replacing it with a commercial property. Thank you.

1388
01:57:10,010 --> 01:57:10,830
Tell

1389
01:57:16,340 --> 01:57:19,660
us, Frank. You can go on the show if you want. Go ahead.

1390
01:57:20,600 --> 01:57:21,600
I'll meet you here after a minute.

1391
01:57:23,380 --> 01:57:25,980
Michelle Marconi, 35 Livingston Parkway.

1392
01:57:26,480 --> 01:57:29,020
Reforms for the planning board are on the agenda tonight,

1393
01:57:29,640 --> 01:57:33,480
and it includes naming the town clerk as secretary for the board for documents,

1394
01:57:33,700 --> 01:57:39,160
submission, and minutes recording, requiring the adoption of rules of order to govern its actions,

1395
01:57:39,780 --> 01:57:43,060
rescinding minor site plan approval from the planning director,

1396
01:57:43,060 --> 01:57:49,320
and setting forth a framework for compliance with the 2007 New York State Law,

1397
01:57:49,660 --> 01:57:53,320
mandating annual training for all planning board and ZBA members.

1398
01:57:54,140 --> 01:58:01,240
These changes are welcome and long overdue and represented down payment on transparency for these key development bodies

1399
01:58:01,240 --> 01:58:04,060
in charge of the town's land use decisions.

1400
01:58:04,840 --> 01:58:12,360
Residents have been actively monitoring the manner in which the ZBA and the planning board undertake local approvals.

1401
01:58:12,360 --> 01:58:17,440
By attending meetings, providing testimony, and through full requests,

1402
01:58:17,860 --> 01:58:23,700
we have been reviewing the extent to which these boards follow local and New York State law

1403
01:58:23,700 --> 01:58:28,780
and operate consistent with town procedures in an open and objective manner.

1404
01:58:29,640 --> 01:58:32,600
We believe these boards should be accountable for their actions

1405
01:58:32,600 --> 01:58:38,080
and should recognize residents as stakeholders in all the decisions they make.

1406
01:58:38,080 --> 01:58:52,860
The reforms on the agenda tonight in resolutions 676 and 692 are a recognition that our work has demonstrated that the business as usual is flawed at its core.

1407
01:58:53,800 --> 01:59:01,700
The resolutions from the supervisor and the town attorney indicate an awareness of our concerns and we hope the board would pass them both.

1408
01:59:01,700 --> 01:59:08,720
Additionally, there are four different resolutions concerning financial disclosure by town officials,

1409
01:59:09,460 --> 01:59:17,040
elected or appointed, paid or unpaid, and the brouhaha caused when the Board of Ethics began a review

1410
01:59:17,040 --> 01:59:23,380
of compliance with the town's ethics code passed more than 25 years ago.

1411
01:59:23,380 --> 01:59:36,380
The law requires an annual disclosure of the employment, business, and familial ties that might be an issue in relation to participation in the public's affairs.

1412
01:59:37,440 --> 01:59:42,560
The law is clear what is required by who and when.

1413
01:59:43,500 --> 01:59:51,760
But it is unclear why all of the four action items on your agenda tonight fail to enforce the laws that exist.

1414
01:59:51,760 --> 01:59:59,360
Rather, the resolutions each suggest a different way to change the code of ethics

1415
02:00:00,000 --> 02:00:05,280
Respectively, skirting the enforcement of the law on the books today.

1416
02:00:06,660 --> 02:00:19,980
Especially problematic are the missing submissions for two key private sector representatives on the Planning Board's Imagine Amherst Committee serving without disclosure or recusal.

1417
02:00:22,660 --> 02:00:29,180
While there is no objection to a change in the Code of Ethics with perhaps tiered disclosure depending upon official duties,

1418
02:00:29,180 --> 02:00:33,440
The town board has an obligation to follow the law

1419
02:00:33,440 --> 02:00:36,820
and remove those appointees for failure to disclose,

1420
02:00:37,440 --> 02:00:42,120
either by omission or commission, whether intentional or otherwise.

1421
02:00:43,000 --> 02:00:46,100
I would ask for an amendment to one of these resolutions

1422
02:00:46,100 --> 02:00:51,320
and that you act tonight consistent with what town law specifically requires.

1423
02:00:52,200 --> 02:00:55,780
Are we a nation in a town of laws or are we not?

1424
02:00:56,300 --> 02:00:56,900
Thank you.

1425
02:00:59,590 --> 02:01:00,650
Thomas Frank,

1426
02:01:05,970 --> 02:01:07,150
followed by Don Smith.

1427
02:01:13,360 --> 02:01:17,440
Good evening, Supervisor, Town Board members, meeting attendees.

1428
02:01:17,900 --> 02:01:20,580
My name is Thomas Frank. I reside at 5403 Main Street.

1429
02:01:21,280 --> 02:01:28,500
And I'd like to comment on the Town Attorney's Resolution Number 692

1430
02:01:28,500 --> 02:01:35,980
regarding amendments to Chapter 203 regarding review of project applications.

1431
02:01:35,980 --> 02:01:46,280
And what I'm proposing is a project application for the Imagine Amherst Comprehensive Bicentennial

1432
02:01:46,280 --> 02:01:47,980
Master Plan.

1433
02:01:48,680 --> 02:01:50,240
Would you go to the next one, please?

1434
02:01:51,240 --> 02:01:52,320
It's not on here.

1435
02:01:52,760 --> 02:01:54,720
And as far as, would you bring it down a little more?

1436
02:01:56,080 --> 02:02:04,720
But as far as the study of the town of Amherst, the economic study that was done by,

1437
02:02:04,720 --> 02:02:14,480
Well, this was presented by David Estel with the Delta Associates, the contractors for the,

1438
02:02:15,680 --> 02:02:34,180
this NYSERDA provided a grant to the town for $161,251,250 for a major statewide initiative

1439
02:02:35,460 --> 02:02:41,020
having to do with to reduce emissions and generate economic development.

1440
02:02:42,320 --> 02:02:47,100
And so I've been going to all of, would you go to the next one please,

1441
02:02:47,360 --> 02:02:52,280
all of the colloquies, the siliquies, the charrettes and the charades,

1442
02:02:52,720 --> 02:02:56,860
but still a worldly drive has not been included.

1443
02:02:56,860 --> 02:03:11,100
And I'm asking that an amendment be considered, because I attended today the New York State

1444
02:03:11,100 --> 02:03:17,260
Consolidated Funding Application Workshop, and were qualified.

1445
02:03:17,860 --> 02:03:24,780
The governor signed two pieces of legislation having to do with issues that affect

1446
02:03:25,920 --> 02:03:36,260
Ellicott Creek as the watershed greenway parks and trails as far as interconnecting the drainage.

1447
02:03:36,720 --> 02:03:44,440
As far as the IJC, the International Joint Commission, you've got a contaminated waterway out in the back here.

1448
02:03:44,540 --> 02:03:46,100
You used to be able to swim in it.

1449
02:03:46,100 --> 02:03:59,000
So this is a process, and Alec Creek is 112 miles that extends to the state park upstream.

1450
02:04:00,100 --> 02:04:07,780
But also, what's interesting here is that the, as far as the public-private sector,

1451
02:04:08,320 --> 02:04:13,400
Amherst partnership with the Amherst Industrial Development Agency,

1452
02:04:14,060 --> 02:04:21,860
that there are opportunities here with the, and the governor signed the legislation as

1453
02:04:21,860 --> 02:04:27,400
far as the New York Power Authority, the relationship, and you should know last thing

1454
02:04:27,400 --> 02:04:33,020
I'd like to mention is the fact that the Erie Canal Bicentennial coincides with the Bicentennial

1455
02:04:33,020 --> 02:04:38,060
of the town of Amherst, and where the canal comes into town of Wanda Creek is one of

1456
02:04:38,060 --> 02:04:41,420
the most historic geographic locations in the country.

1457
02:04:41,420 --> 02:04:43,240
And nobody even knows it's there.

1458
02:04:43,560 --> 02:04:44,200
Thank you, Tom.

1459
02:04:45,960 --> 02:04:47,160
We'll actually go over today.

1460
02:04:53,140 --> 02:04:54,560
John Smith North Long.

1461
02:04:56,650 --> 02:04:57,570
Excuse me.

1462
02:04:58,710 --> 02:05:03,250
At the May 18th planning board meeting during the director's report,

1463
02:05:04,230 --> 02:05:07,450
the planning director stated in the director's report

1464
02:05:07,450 --> 02:05:13,510
that he had been mandated to accelerate the Imagine Amherst project.

1465
02:05:14,550 --> 02:05:16,370
Mandate was his word, not mine.

1466
02:05:16,370 --> 02:05:22,090
And as a result of this mandate, he had reassigned people and changed the workload of his own

1467
02:05:22,090 --> 02:05:24,930
department members and how they functioned within their department.

1468
02:05:25,470 --> 02:05:28,770
Certain projects and their priorities had changed.

1469
02:05:29,570 --> 02:05:34,090
When asked who mandated him, he said he couldn't say.

1470
02:05:34,990 --> 02:05:40,210
So then I try to find out if there's any documentation relative to this mandate, and

1471
02:05:40,210 --> 02:05:42,410
as far as I can tell, there is none.

1472
02:05:43,110 --> 02:05:44,930
So I asked myself the question.

1473
02:05:44,930 --> 02:05:48,290
Who can mandate the planning director to do anything?

1474
02:05:48,890 --> 02:05:52,770
The only answer I could come up with that made any legal sense was the supervisor.

1475
02:05:53,490 --> 02:05:57,950
But in this case, I don't think the supervisor has mandated the planning director to do that.

1476
02:05:58,370 --> 02:06:02,250
So then I have to ask myself the question, what does this mandate really mean?

1477
02:06:03,150 --> 02:06:03,910
I don't know.

1478
02:06:04,410 --> 02:06:10,590
But I think the public needs to know, and in writing, what an acceleration of the

1479
02:06:10,590 --> 02:06:17,650
imagine Amherst project is, who ordered it? How is it going to be implemented? What changes

1480
02:06:17,650 --> 02:06:23,570
does it represent? This was the schedule change that had been mandated. What acceleration?

1481
02:06:24,450 --> 02:06:30,990
What milestone changes are going to occur, if any? What workload changes and what changes

1482
02:06:30,990 --> 02:06:37,530
are those going to occur? And frankly, how it all came to happen? What happened? Just

1483
02:06:37,530 --> 02:06:43,890
Just so everybody knows, the Planning Board has a special meeting, June 22nd, that's not

1484
02:06:43,890 --> 02:06:46,610
on the schedule any place, it's supposedly coming up.

1485
02:06:46,790 --> 02:06:51,950
I haven't seen it yet, but I must say I would really like to know who mandated the Planning

1486
02:06:51,950 --> 02:06:56,230
Director to accelerate the Imagine Ambers project.

1487
02:06:56,470 --> 02:06:57,130
Thank you very much.

1488
02:07:00,710 --> 02:07:01,710
Jim Turcoli.

1489
02:07:03,350 --> 02:07:04,710
Followed by Judy Fumar.

1490
02:07:19,700 --> 02:07:22,440
Jim Turcoli for Columbia Drive.

1491
02:07:23,680 --> 02:07:33,940
The general move for me was basically going to talk to you about what I've been trying

1492
02:07:33,940 --> 02:07:34,380
to find.

1493
02:07:35,260 --> 02:07:43,740
I submitted a foil, and unknowingly, you cannot submit a foil for words.

1494
02:07:44,140 --> 02:07:50,960
You have to submit it for a record in writing.

1495
02:07:52,280 --> 02:08:03,700
So I was at the meeting when our planning director who has no, I don't think has any part with the planning board.

1496
02:08:04,060 --> 02:08:08,960
The planning board was working and at the last five minutes he said to them,

1497
02:08:10,140 --> 02:08:15,360
well I have to tell you I've been mandated to tell you that you have to work quicker.

1498
02:08:15,360 --> 02:08:23,320
we have to get the more speed out of you to get the Imagine Amherst project going.

1499
02:08:24,160 --> 02:08:29,980
Okay? At that moment, one of the people, members of the planning board said,

1500
02:08:30,780 --> 02:08:38,360
Mr. Gilliot, who directs you to say that because we're the group that are,

1501
02:08:38,780 --> 02:08:42,860
have the power to tell you that, and his reply was,

1502
02:08:42,860 --> 02:08:48,900
you'll know someday or something would take it wasn't yes it wasn't no it was you

1503
02:08:48,900 --> 02:08:58,660
know do nobody okay mr. Gilead took it upon himself to do this I sat with a

1504
02:09:00,020 --> 02:09:07,920
supervisor and I asked him did he direct mr. Gilead and he said absolutely no he

1505
02:09:07,920 --> 02:09:11,500
did not direct him to say that at all.

1506
02:09:12,680 --> 02:09:15,220
That leaves one person himself.

1507
02:09:16,000 --> 02:09:19,940
And you assert the power of the supervisor.

1508
02:09:20,680 --> 02:09:25,460
You are breaking a law, and it's not a misdemeanor.

1509
02:09:25,880 --> 02:09:27,260
It's a serious law.

1510
02:09:27,920 --> 02:09:30,960
You can't go ahead and do your projects,

1511
02:09:31,260 --> 02:09:34,780
because that means what you can do is do things

1512
02:09:34,780 --> 02:09:41,500
for your friends and other entities, and I think it has to stop after all these years,

1513
02:09:42,000 --> 02:09:49,560
and if this board doesn't look into it and find out who did direct Mr. Gilliard.

1514
02:09:49,860 --> 02:09:57,560
We know there is money people around, and developers around, and people who want things

1515
02:09:58,340 --> 02:09:59,760
enamors their way.

1516
02:09:59,760 --> 02:10:08,900
Well, if they are influencing Mr. Gilliard, maybe at his age he might just consider retiring.

1517
02:10:10,160 --> 02:10:14,680
And let's start all over it. Thank you very much.

1518
02:10:15,540 --> 02:10:21,820
Judy. If anyone else would like to speak in public expression, they need to sign up now.

1519
02:10:23,130 --> 02:10:37,170
Judy Ferraro, 213, Donna Lee. On the list of financial disclosures required of committees and boards, there is a blaring absence of the people on the Imagine Amherst Committees.

1520
02:10:37,930 --> 02:10:50,510
Imagine Amherst is the mechanism steering the future development of Amherst. Therefore, committee members should definitely be required to submit the long disclosure form.

1521
02:10:50,510 --> 02:10:59,550
David Chiazza and Michael Montante represent two of the largest development corporations in Amherst.

1522
02:11:00,110 --> 02:11:02,910
They are on the Imagine Amherst Working Committee.

1523
02:11:03,690 --> 02:11:10,670
And according to meeting minutes are pushing their own agenda without recusal or disclosure.

1524
02:11:10,670 --> 02:11:20,490
They exemplify the reason why financial disclosure forms were instituted in the first place.

1525
02:11:21,470 --> 02:11:29,290
Does anyone doubt there is a conflict of interest being played out before our eyes without accountability

1526
02:11:29,290 --> 02:11:32,950
and without serving the best interest of the people?

1527
02:11:32,950 --> 02:11:39,530
These facts are alarming and raises questions about the real purpose and

1528
02:11:39,530 --> 02:11:42,090
legitimacy of Imagine Amherst.

1529
02:12:26,860 --> 02:12:30,580
I'm Martin Pasternak, I live at 480 North

1530
02:12:30,580 --> 02:12:38,980
Ivyhurst Road, feet from the proposed methadone clinic and I'm asking for the

1531
02:12:38,980 --> 02:12:45,000
town board's complete support for to deny the certificate of need from the

1532
02:12:45,000 --> 02:12:49,600
state for your help. If you could do that for me, it would be greatly appreciated.

1533
02:12:50,320 --> 02:12:50,560
Thank you.

1534
02:12:55,150 --> 02:12:57,890
Make a motion to close public expression for the first time.

1535
02:12:58,530 --> 02:12:58,930
Second.

1536
02:12:59,450 --> 02:13:00,630
Barbara, please say aye.

1537
02:13:00,810 --> 02:13:01,010
Aye.

1538
02:13:01,270 --> 02:13:02,250
Opposed? Carried unanimously.

1539
02:13:03,110 --> 02:13:04,870
Madam Clerk, please do the consent agenda.

1540
02:13:13,300 --> 02:13:16,360
Okay, very good. Thank you, Mr. Supervisor.

1541
02:13:16,540 --> 02:13:17,020
Consent agenda.

1542
02:13:17,700 --> 02:13:21,000
Under committee reports, Supervisor Weinstein, Item 1, Council Member Papawitch,

1543
02:13:21,100 --> 02:13:23,360
Items 1, 2, and 3, Council Member Buck, Item 2.

1544
02:13:23,360 --> 02:13:29,740
Town Attorney, items 1, 4, 5, 9, Town Clerk, 1, 2, 3, 4, 5, 6, 7, 8, 9,

1545
02:13:30,440 --> 02:13:34,480
Assessor, item 1, Building, Building Maintenance, items 1, 2, 3, Comptroller,

1546
02:13:34,820 --> 02:13:39,060
item 1 and 2, Contract Compliance, items 1, 2, 3, 4, 5, and 6,

1547
02:13:39,380 --> 02:13:45,420
Engineering, items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Highway,

1548
02:13:45,860 --> 02:13:51,120
items 1, 2, 3, 4, and 5, Human Resources, items 1, 2, 3, 4, 5, 6, 7,

1549
02:13:51,120 --> 02:13:52,700
Item 8 was withdrawn.

1550
02:13:53,540 --> 02:13:54,140
Planning department.

1551
02:13:54,880 --> 02:13:55,740
Item 2, police.

1552
02:13:56,200 --> 02:13:58,620
Items 1, 2, 3, 4, 5, 6, and 7.

1553
02:13:59,060 --> 02:13:59,820
Senior services.

1554
02:14:00,040 --> 02:14:01,120
Items 1, 2, and 3.

1555
02:14:01,620 --> 02:14:02,200
Youth and recreation.

1556
02:14:02,600 --> 02:14:03,540
Items 1, 2, and 3.

1557
02:14:03,820 --> 02:14:03,940
Communications.

1558
02:14:04,900 --> 02:14:06,320
Items 1 and 2, both consent.

1559
02:14:06,860 --> 02:14:09,580
Item 3 referred to planning, building, attorney, and highway.

1560
02:14:09,960 --> 02:14:11,940
Items 4, 5, and 6 all approved.

1561
02:14:12,580 --> 02:14:14,020
Item 7 referred to supervisor.

1562
02:14:14,420 --> 02:14:18,140
Item 8, 9, and 10 referred to town attorney.

1563
02:14:18,460 --> 02:14:20,640
Item 11 referred to drug court.

1564
02:14:20,640 --> 02:14:27,880
Items 12 and 13 referred to the LOSAP Committee. Items 14 and 15 referred to Planning and the NFTA.

1565
02:14:28,500 --> 02:14:34,260
Items 16 to Planning. Items 17 referred to Engineering, Attorney, and Traffic Safety Committee.

1566
02:14:34,680 --> 02:14:37,300
Items 18 referred to Controller, Engineering, and Attorney.

1567
02:14:38,120 --> 02:14:41,040
Items 19 referred to Attorney, Planning, Building, and Engineering.

1568
02:14:41,680 --> 02:14:43,420
Items 20 referred to Planning and Attorney.

1569
02:14:43,720 --> 02:14:46,220
Items 21 referred to Attorney and Cell Tower Committee.

1570
02:14:46,220 --> 02:14:48,480
I am 22 receiving file.

1571
02:14:49,220 --> 02:14:51,540
23 was referred to the Amherst IDA.

1572
02:14:52,180 --> 02:14:58,780
Items 24, 25, 26, 27, and 28 all referred to the town attorney under public improvements.

1573
02:15:00,000 --> 02:15:03,820
Public improvement permits. Items 1, 2, 3, 4, and 5 were all consent.

1574
02:15:05,380 --> 02:15:07,160
Motion to approve the consent agenda.

1575
02:15:07,460 --> 02:15:07,760
Second.

1576
02:15:08,440 --> 02:15:10,860
All in favor of approving the consent agenda, please say aye.

1577
02:15:11,040 --> 02:15:11,320
Aye.

1578
02:15:11,600 --> 02:15:12,000
Opposed?

1579
02:15:12,100 --> 02:15:12,680
Carried unanimously.

1580
02:15:18,020 --> 02:15:18,680
Sure. Yes.

1581
02:15:19,900 --> 02:15:24,920
Just a quick reference, a couple of residents had asked about the certificate of need.

1582
02:15:25,440 --> 02:15:30,420
Communications number seven, which was referred to the supervisor, was discussed this afternoon's work session.

1583
02:15:30,420 --> 02:15:39,120
And the supervisor will be writing a letter to the state requesting that they deny the certificate of need.

1584
02:15:44,660 --> 02:15:52,560
It's going to be going to the Department of Health, but also to the Office of Alcoholism and Substance Abuse Problem.

1585
02:15:52,720 --> 02:15:59,260
So it's going to be going to two different agencies because they would probably both have an impact on the decision in this matter.

1586
02:15:59,260 --> 02:16:01,240
I'm not sure of these.

1587
02:16:05,360 --> 02:16:08,980
I'm not sure if the two gentlemen just walked back and heard this.

1588
02:16:09,480 --> 02:16:10,340
You want to repeat it?

1589
02:16:15,360 --> 02:16:16,060
Okay.

1590
02:16:17,000 --> 02:16:22,520
Okay. Resolution 676. This is the planning and zoning board.

1591
02:16:22,620 --> 02:16:24,260
It repeals mandatory training.

1592
02:16:24,640 --> 02:16:28,860
There was an amendment on this to put in numbers.

1593
02:16:29,580 --> 02:16:30,920
Added additional sections.

1594
02:16:30,920 --> 02:16:38,760
It puts in the sections. So minor amendment. I'll make a motion to move second.

1595
02:16:39,080 --> 02:16:47,700
I'll make a motion to amend. Second. Discussion. I'll make a motion to all favor the amendment.

1596
02:16:47,960 --> 02:16:51,240
Please say aye. Aye. Oppose. Carriage unanimously.

1597
02:16:51,520 --> 02:16:54,980
I'll make a motion to approve as amended. Second. Is there any discussion?

1598
02:16:56,440 --> 02:17:02,640
long favor. Please say aye. Aye. Opposed? Carriage unanimously.

1599
02:17:04,740 --> 02:17:09,440
Okay. Six seventy-seven, six eighty-one, six eighty-two are all on ethics.

1600
02:17:10,260 --> 02:17:18,440
As is another one on ethics somewhere. Six eighty-six. Ethics.

1601
02:17:18,980 --> 02:17:24,760
And there is a suspension now that was just received tonight from a county executive.

1602
02:17:24,760 --> 02:17:27,460
You're pulling cars. You could put that up.

1603
02:17:33,590 --> 02:17:35,050
Let's discuss all five of them.

1604
02:17:35,110 --> 02:17:38,830
They're all related. Anyone can jump in there.

1605
02:17:38,930 --> 02:17:45,210
They want to talk about the county executives letter first before you don't like because that has nothing to do with the ethics resolutions.

1606
02:17:46,210 --> 02:17:49,010
Oh, I'm sorry. We're we're on ethics. Oh.

1607
02:17:50,030 --> 02:17:56,690
Thank you for correcting me. Okay. If we are going to dispatch the rules, we can bring in the suspension before we do the rest of the resolutions.

1608
02:17:56,690 --> 02:18:05,790
But no, I got my ethics in my method. Don't use the press.

1609
02:18:06,130 --> 02:18:10,130
Oh, wait. I'm sorry. You've got three resolutions and a fourth one on ethics.

1610
02:18:10,370 --> 02:18:13,290
Go ahead. Thank you.

1611
02:18:14,970 --> 02:18:17,910
Resolution 677 is is to amend the code of ethics.

1612
02:18:18,290 --> 02:18:25,030
We had seen a draft of 686, 686,

1613
02:18:25,030 --> 02:18:28,650
which was an amendment to the Code of Ethics.

1614
02:18:29,670 --> 02:18:34,410
I don't think that went far enough. I think there were additional items that needed to be included, specifically.

1615
02:18:35,130 --> 02:18:38,930
I think we need to more clearly define the responsibilities of the members of the boards and committees.

1616
02:18:39,750 --> 02:18:46,670
If you read the code itself, it describes, defines who an officer is,

1617
02:18:46,950 --> 02:18:53,030
and they have to perform discretionary acts on behalf of the town with respect to any business dealings.

1618
02:18:53,030 --> 02:18:57,490
a business dealing is providing contract service, work with municipality, buying, selling,

1619
02:18:57,650 --> 02:19:01,310
renting, leasing, otherwise acquiring from or dispensing to them is...

1620
02:19:01,310 --> 02:19:06,630
Anyway, bottom line is I think there's lots of members of committees that aren't officers

1621
02:19:06,630 --> 02:19:11,110
under this definition, and I think this needs to more clearly define what each responsibilities

1622
02:19:11,110 --> 02:19:17,550
are, and also the code very specifically, the only penalty that exists is a fine,

1623
02:19:18,290 --> 02:19:22,010
and that is to be done by the Board of Ethics.

1624
02:19:22,010 --> 02:19:32,450
So I am also suggesting that through this resolution that we add that failure to file the form be considered a voluntary withdrawal from the committee,

1625
02:19:32,870 --> 02:19:37,390
and I think this gets around the issue as to whether we can remove people from the committees.

1626
02:19:37,530 --> 02:19:42,050
And I think this makes it easy just they don't file their forms on time then they're off the committee.

1627
02:19:42,370 --> 02:19:45,170
So those are the two recommendations that I have.

1628
02:19:45,470 --> 02:19:47,850
And the third one will be part of Ramona's resolution.

1629
02:19:48,530 --> 02:19:50,790
I still move these changes.

1630
02:19:50,790 --> 02:19:51,570
Second.

1631
02:19:54,340 --> 02:19:56,880
Are you guys planning on voting on these one at a time now?

1632
02:19:57,640 --> 02:19:58,420
They're independent.

1633
02:19:59,340 --> 02:20:00,560
They're both well-related.

1634
02:20:00,840 --> 02:20:01,220
They're related.

1635
02:20:01,420 --> 02:20:03,640
They're the same topics, but they're covering different issues.

1636
02:20:06,160 --> 02:20:06,940
Do you have any discussion?

1637
02:20:10,010 --> 02:20:11,530
All in favor, please say aye.

1638
02:20:11,770 --> 02:20:11,990
Aye.

1639
02:20:12,410 --> 02:20:12,930
Opposed?

1640
02:20:14,050 --> 02:20:15,070
Carried four to one.

1641
02:20:18,100 --> 02:20:18,620
Okay.

1642
02:20:19,540 --> 02:20:20,920
It's okay with the supervisor.

1643
02:20:21,000 --> 02:20:21,740
Please go ahead.

1644
02:20:23,120 --> 02:20:28,440
The resolution I sponsored and co-sponsored by the Deputy Supervisor Sanders

1645
02:20:28,440 --> 02:20:36,760
interesting. Consumers' response is Resolution 681, amendment to Chapter 19, the end of disclosure

1646
02:20:36,760 --> 02:20:37,240
form.

1647
02:20:39,360 --> 02:20:46,540
I think we all understand that the reason for the disclosure form conflicts of interest,

1648
02:20:47,140 --> 02:20:54,820
you know, pure and simple. But we have different types of committees in our towns and boards.

1649
02:20:55,560 --> 02:21:06,420
We have several boards that I think are necessary for what I'm going to be calling the long form to be submitted.

1650
02:21:07,200 --> 02:21:15,180
But there are other committees, such as I said, the 9-11 committee that I don't think needs to be, you know,

1651
02:21:15,220 --> 02:21:17,660
have to go through the rigmarole of the long form.

1652
02:21:17,660 --> 02:21:22,440
But a short form, which I'm suggesting, which would just include the name, address, email,

1653
02:21:22,880 --> 02:21:27,220
address, telephone number, and checking the box that they've read, who will follow the town code of ethics.

1654
02:21:28,380 --> 02:21:33,640
I think what motivated me to do this was when I saw people's names in the Buffalo News.

1655
02:21:34,800 --> 02:21:40,060
I thought just for normal volunteers, you know, that was tough on a lot of these people.

1656
02:21:40,640 --> 02:21:45,180
And some have resigned, and a chair of a committee has resigned, which I'm disheartened about.

1657
02:21:45,180 --> 02:21:52,000
You know, I want to make Amherst a welcoming environment, you know, that to have people serve our town.

1658
02:21:52,460 --> 02:21:58,860
And so that's what motivated me for this resolution to create a short form, which I just mentioned,

1659
02:21:59,420 --> 02:22:04,360
and be a result that the town attorney drafted a text amendment of the town code to include the short form,

1660
02:22:04,580 --> 02:22:11,860
and be it further result that the ones that are listed there, and if you could, Kathy, if you could just move it up,

1661
02:22:11,860 --> 02:22:15,540
So to include everybody, that all of the elected town officials,

1662
02:22:15,760 --> 02:22:21,100
all department and deputy heads, members of the following from the IDA down to the zoning board of appeals,

1663
02:22:21,360 --> 02:22:28,360
that they would have to continue to fill out the long form and then be a further result that other

1664
02:22:28,360 --> 02:22:31,240
town boards and committees will be required to complete the short form.

1665
02:22:32,460 --> 02:22:36,640
And excuse me, and that the further result that these changes take place immediately,

1666
02:22:36,640 --> 02:22:42,880
if you could just flip it over there, upon the amendment of Chapter 19 and be it further

1667
02:22:42,880 --> 02:22:48,520
resolved in the future when boards or committees are created, the sponsor of the resolution

1668
02:22:48,520 --> 02:22:53,020
should clearly indicate whether the board or committee shall be required to file a long

1669
02:22:53,020 --> 02:22:58,440
or short financial disclosure form and comply with the Section 19 of the Town of Amherst

1670
02:22:58,440 --> 02:22:58,700
Code.

1671
02:22:59,140 --> 02:23:00,580
And I so move my resolution.

1672
02:23:01,120 --> 02:23:01,380
Second.

1673
02:23:03,140 --> 02:23:03,440
Discretion.

1674
02:23:04,220 --> 02:23:10,620
I'd like to make an amendment to add another grouping to the following

1675
02:23:10,620 --> 02:23:13,340
to be required to file the current long form.

1676
02:23:13,720 --> 02:23:18,300
And I would move that the members of the Imagine Amherst Project Working Committee

1677
02:23:18,300 --> 02:23:23,420
should also need to file the long form, and I so move that amendment.

1678
02:23:34,420 --> 02:23:36,240
I have a question for the town attorney.

1679
02:23:36,560 --> 02:23:38,620
I mean, I guess it's related to this amendment.

1680
02:23:38,620 --> 02:23:44,800
And I mean, currently, we have boards or we have committees that are made up of residents

1681
02:23:44,800 --> 02:23:49,200
that aren't listed in the town code at all, and aren't on our official website as far

1682
02:23:49,200 --> 02:23:50,140
as they are.

1683
02:23:50,340 --> 02:23:52,780
But members of the public are in those.

1684
02:23:53,020 --> 02:24:00,100
I mean, I guess, I mean, is Imagine Amherst already covered under the Code of Ethics?

1685
02:24:00,220 --> 02:24:05,560
Yes, but as an example, I already issued an opinion that they have to file the form

1686
02:24:05,560 --> 02:24:06,040
disclosure.

1687
02:24:06,740 --> 02:24:10,900
If you don't add them to the list, they're not going to be required to file anything.

1688
02:24:13,310 --> 02:24:14,730
In this resolution, that one?

1689
02:24:14,730 --> 02:24:14,850
Sure.

1690
02:24:16,190 --> 02:24:16,630
Right.

1691
02:24:16,830 --> 02:24:21,790
If you don't add them to the list, they're going to be required to file the short form, not

1692
02:24:21,790 --> 02:24:22,390
the long form.

1693
02:24:22,870 --> 02:24:23,770
And that's the difference.

1694
02:24:25,920 --> 02:24:26,180
Okay.

1695
02:24:26,500 --> 02:24:27,580
Debby, there was no second.

1696
02:24:28,220 --> 02:24:29,060
I knew a minute.

1697
02:24:29,380 --> 02:24:30,500
It is unfortunate.

1698
02:24:31,960 --> 02:24:37,020
I mean, on the question, I mean, I guess this is something that Councilman Papowicz

1699
02:24:37,520 --> 02:24:38,620
and I discussed earlier.

1700
02:24:38,620 --> 02:24:43,200
is trying to figure out exactly which committees should or shouldn't be included on here.

1701
02:24:43,480 --> 02:24:47,500
And, I mean, I had a lot of concerns as to whether what should or shouldn't.

1702
02:24:47,600 --> 02:24:58,840
The supervisor made a very interesting observation that it seems that the boards all have some sort of legislative or financial influence,

1703
02:24:59,080 --> 02:25:08,060
if you will, powers that would suggest that they should be included, whereas most of the committees don't.

1704
02:25:08,060 --> 02:25:11,380
I mean, I don't know if that's really a red line that you can use to try and figure out

1705
02:25:11,380 --> 02:25:14,560
which boards and committees should only require a short form.

1706
02:25:14,900 --> 02:25:20,320
I wouldn't necessarily be opposed to saying that the members of Imagine Amherst should be

1707
02:25:20,320 --> 02:25:28,600
required to file a long form, particularly where they're influencing our future town

1708
02:25:28,600 --> 02:25:31,440
code, which is going to affect the way development occurs in this town.

1709
02:25:31,920 --> 02:25:36,460
I wonder if maybe there's another way that we could do this to determine which ones

1710
02:25:36,460 --> 02:25:41,280
are included, which ones aren't, rather than trying to have a set list like this.

1711
02:25:41,440 --> 02:25:41,860
I mean, I...

1712
02:25:41,860 --> 02:25:48,640
Well, since I serve on the Imagine Amherst committee, that's...

1713
02:25:49,500 --> 02:25:51,100
And I just lost my train of thought.

1714
02:25:52,740 --> 02:25:57,240
I went to a meeting in April, and they do a lot of very important things,

1715
02:25:57,240 --> 02:26:02,180
and they are making recommendations that are going to be implemented

1716
02:26:02,180 --> 02:26:05,660
with the new town code in our commercial areas.

1717
02:26:05,660 --> 02:26:12,680
So they actually are performing very important work, and that's why I wanted to add that amendment to that resolution.

1718
02:26:13,120 --> 02:26:22,800
Yes, they are performing important work, but it's the town board who makes the final decision and we can we can change anything that they recommend to us.

1719
02:26:22,920 --> 02:26:32,700
And that's that's the bottom line. But all these committees that do the work for all these different topics, we can always have a different opinion from them as well.

1720
02:26:32,700 --> 02:26:35,080
and those people have to fill out those forms.

1721
02:26:35,480 --> 02:26:37,260
Well, I mean, that's not all of them.

1722
02:26:37,360 --> 02:26:39,880
I mean, the ZVA has authority independent of the town board

1723
02:26:39,880 --> 02:26:42,020
as they've demonstrated very, very recently

1724
02:26:43,040 --> 02:26:47,940
related to the special use permit for Maple Road.

1725
02:26:48,760 --> 02:26:51,920
So, but other boards that are on the list,

1726
02:26:51,960 --> 02:26:53,180
for example, Traffic Safety Board

1727
02:26:53,180 --> 02:26:56,220
can't institute a traffic parking ban

1728
02:26:56,220 --> 02:26:59,740
that has to come to the town board to be approved.

1729
02:26:59,960 --> 02:27:02,300
So I mean, so some of these already on this list

1730
02:27:02,300 --> 02:27:05,980
already do have to come to the town board that they don't have final approval.

1731
02:27:06,200 --> 02:27:10,960
So I mean, I guess that's what I'm just, I've been kind of having trouble

1732
02:27:10,960 --> 02:27:15,620
digesting since the beginning is just how you determine which ones should be

1733
02:27:15,620 --> 02:27:19,400
requiring a long form and which ones can get away with a short form. So I'd

1734
02:27:19,400 --> 02:27:22,920
be more inclined to list the ones that can do a short form and then just

1735
02:27:22,920 --> 02:27:26,580
assume everything else is required to do a long form rather than the other

1736
02:27:26,580 --> 02:27:30,500
way around. So my observation is that there are some committee members that

1737
02:27:30,500 --> 02:27:35,340
haven't filed any ethics form and I don't think they care whether it's a long

1738
02:27:35,340 --> 02:27:39,980
form or a short form they seem to be ignoring the requirement so I think the

1739
02:27:39,980 --> 02:27:45,920
long form and a short form are irrelevant really. You look at the

1740
02:27:45,920 --> 02:27:51,140
committees the committees do not have the committee members do not have much

1741
02:27:51,140 --> 02:27:58,960
input into the town's financial structure so to speak. The boards do.

1742
02:27:58,960 --> 02:28:04,680
I can't find a committee that I think the members should file anything on.

1743
02:28:05,860 --> 02:28:09,300
I think the board should file what you're calling the long form.

1744
02:28:10,240 --> 02:28:14,900
And if you're talking about removing board members, and some of them are legally appointed,

1745
02:28:16,720 --> 02:28:21,140
with definite terms, I think you have to give them adequate advance notice

1746
02:28:21,140 --> 02:28:27,700
before they're appointed that if they don't file this, they could go lose their position on the board.

1747
02:28:27,700 --> 02:28:28,360
Well,

1748
02:28:32,160 --> 02:28:36,000
I would make a motion. I'm sorry. I'm sorry, Supervisor.

1749
02:28:38,860 --> 02:28:46,020
I personally think my observation is that I think that the town's volunteers have been treated very poorly.

1750
02:28:48,520 --> 02:28:51,180
There's no reason for putting their name in the newspaper.

1751
02:28:51,840 --> 02:28:58,180
All they did was volunteer, and many of them volunteered innocuously on innocuous committees,

1752
02:28:58,180 --> 02:29:10,640
and which they had no idea that their name was going to be in the paper if they didn't file a form for their service as a volunteer on the Veterans Committee or some other committee.

1753
02:29:11,360 --> 02:29:26,840
Two of these volunteers have already resigned. One was a village appointee to the Glen Park Joint Board and someone from the IT department, the IT committee also resigned.

1754
02:29:27,940 --> 02:29:29,860
Maybe there's more than I'm not aware of.

1755
02:29:30,560 --> 02:29:33,660
I think we should be very appreciative of our volunteers.

1756
02:29:34,220 --> 02:29:37,660
We should thank them for the input that they provide.

1757
02:29:38,260 --> 02:29:41,220
I don't think we should penalize them for participating.

1758
02:29:41,860 --> 02:29:43,860
I don't think we should put their name in the newspaper.

1759
02:29:44,940 --> 02:29:49,640
Those members of boards that have decision-making authority,

1760
02:29:50,040 --> 02:29:52,740
which is the planning board, the zoning board of appeals,

1761
02:29:52,740 --> 02:29:55,420
the IDA and host IDA board.

1762
02:29:56,460 --> 02:29:59,960
Those are fair game but we have to tell them in advance that

1763
02:30:00,000 --> 02:30:03,240
Their tenure will be terminated if they don't file on time.

1764
02:30:06,080 --> 02:30:06,460
Go ahead, Debbie.

1765
02:30:06,900 --> 02:30:07,200
Sorry.

1766
02:30:08,000 --> 02:30:13,920
I would say at this juncture, perhaps should we table this resolution for another two weeks from now

1767
02:30:13,920 --> 02:30:18,040
to have more discussion about how this all should be worked out.

1768
02:30:18,720 --> 02:30:19,660
And I so move.

1769
02:30:24,040 --> 02:30:25,380
I would second the motion to table.

1770
02:30:25,780 --> 02:30:27,300
Tabling motion gets precedent.

1771
02:30:27,800 --> 02:30:30,000
All in favor of tabling, please say aye.

1772
02:30:30,240 --> 02:30:30,480
Aye.

1773
02:30:30,880 --> 02:30:31,040
Aye.

1774
02:30:31,540 --> 02:30:32,020
Opposed?

1775
02:30:32,500 --> 02:30:32,780
No.

1776
02:30:32,780 --> 02:30:33,220
No.

1777
02:30:34,200 --> 02:30:35,400
It's table three to two.

1778
02:30:46,260 --> 02:30:47,540
We're up to the next one now.

1779
02:30:48,840 --> 02:30:52,280
The next one is yours, Dr. Boca.

1780
02:30:52,560 --> 02:30:52,680
Yes.

1781
02:30:52,680 --> 02:30:53,600
You want to table that one too?

1782
02:30:53,780 --> 02:30:54,000
Yes.

1783
02:31:02,440 --> 02:31:06,300
I would say that I will table this for two more weeks just to re-evaluate this.

1784
02:31:06,740 --> 02:31:12,320
I can say that so far only 26 people remain that have not completed the financial disclosure form.

1785
02:31:12,320 --> 02:31:20,040
I did like the language, though, that the deputy supervisor just used about if someone

1786
02:31:20,040 --> 02:31:21,000
doesn't fill out the form.

1787
02:31:21,120 --> 02:31:26,260
It's a voluntary withdrawal, and I like that nomenclature better than removal.

1788
02:31:26,960 --> 02:31:32,260
So I think that I'm going to, I would make a motion to table this for right now to

1789
02:31:32,260 --> 02:31:34,500
revisit it in two weeks, and I still move.

1790
02:31:35,440 --> 02:31:35,920
Second.

1791
02:31:37,880 --> 02:31:39,840
All in favor of tabling, please say aye.

1792
02:31:40,060 --> 02:31:40,280
Aye.

1793
02:31:40,840 --> 02:31:41,180
Opposed?

1794
02:31:42,420 --> 02:31:43,640
Carried 5-0.

1795
02:31:50,530 --> 02:31:52,210
I think we're up to 6-84 next.

1796
02:31:53,370 --> 02:31:56,990
Jump in and correct me if I'm wrong. 6-84.

1797
02:31:57,770 --> 02:31:59,590
Yes, 6-84.

1798
02:32:00,770 --> 02:32:04,150
Okay. Resolution 6-84.

1799
02:32:04,750 --> 02:32:11,750
I need to table my resolution tonight because the proposed local law was not attached for the community to review.

1800
02:32:11,750 --> 02:32:17,290
But I will bring this very important resolution forward at our next meeting.

1801
02:32:17,890 --> 02:32:20,510
So I need to make a motion to have it tabled.

1802
02:32:20,830 --> 02:32:21,470
I'll second it.

1803
02:32:22,970 --> 02:32:26,590
No discussion on tabling motion. All in favor of tabling please say aye.

1804
02:32:26,770 --> 02:32:26,990
Aye.

1805
02:32:27,310 --> 02:32:27,630
Opposed?

1806
02:32:28,410 --> 02:32:29,250
Carried unanimously.

1807
02:32:29,490 --> 02:32:29,790
Thank you.

1808
02:32:33,760 --> 02:32:35,320
686 is again on ethics.

1809
02:32:39,690 --> 02:32:40,790
I'll make a motion.

1810
02:32:41,190 --> 02:32:41,890
No, I'll make a motion.

1811
02:32:42,050 --> 02:32:43,170
I'll forget it. Sorry. Never mind.

1812
02:32:46,780 --> 02:32:49,460
I personally think it's premature for a public hearing

1813
02:32:49,460 --> 02:32:53,340
because we don't know what we want to, we have not agreed what we want to put in the local

1814
02:32:53,340 --> 02:32:53,560
law.

1815
02:32:53,580 --> 02:32:56,240
So I think we just don't move this and move on to the next resolution then.

1816
02:32:56,920 --> 02:32:58,040
We could withdraw it.

1817
02:32:59,080 --> 02:33:00,260
What are you saying now?

1818
02:33:00,640 --> 02:33:05,560
All I did was make some proposal to cure some problems that were there to begin with,

1819
02:33:05,660 --> 02:33:06,800
not these other problems.

1820
02:33:07,200 --> 02:33:13,520
So these are text amendments meant for discussion only, but until you all decide how much

1821
02:33:13,520 --> 02:33:17,420
more you want me to add or subtract from it, it makes perfect sense not to set

1822
02:33:17,420 --> 02:33:18,060
the public hearing.

1823
02:33:18,060 --> 02:33:24,560
All right. So let's withdraw a new amendment and we'll set the power care in place.

1824
02:33:25,320 --> 02:33:27,800
Six eighty seven is a bond and I so move.

1825
02:33:28,000 --> 02:33:29,600
Second. Discussion.

1826
02:33:32,220 --> 02:33:32,860
Roll call.

1827
02:33:33,060 --> 02:33:37,000
Madam clerk, please call the roll. Supervisor Weinstein, Deputy Supervisor Sanders.

1828
02:33:37,280 --> 02:33:39,640
Yes. Council Member Popovich. Yes. Council Member Bucke.

1829
02:33:39,840 --> 02:33:43,000
Yes. Council Member Schultz. Yes. The bond issue is carried.

1830
02:33:43,620 --> 02:33:46,440
The next one I have is 690. Yes.

1831
02:33:46,440 --> 02:33:49,080
Yes. Make a motion to approve.

1832
02:33:49,380 --> 02:33:56,340
This is the designating the House and Assembly and Senate bills for the alienation.

1833
02:33:56,700 --> 02:34:01,240
Second. Discussion. This has the bill numbers.

1834
02:34:01,380 --> 02:34:07,220
It's properly done. But this is a lead into a hotel on town property.

1835
02:34:08,520 --> 02:34:10,600
And I don't think it's a good idea.

1836
02:34:13,100 --> 02:34:14,200
Is any any more comments?

1837
02:34:15,240 --> 02:34:21,760
on favor, please say aye. Aye. Aye. Opposed? Opposed. Opposed. Carried three to two.

1838
02:34:30,520 --> 02:34:30,640
Six

1839
02:34:30,640 --> 02:34:38,000
ninety-one. Six ninety-one is, well, I'll move six ninety-one. Second. It's a personal

1840
02:34:38,000 --> 02:34:45,680
service contract of less than five thousand. The supervisor is authorized to sign. There's

1841
02:34:45,680 --> 02:34:47,300
an amendment to this. Yes.

1842
02:34:49,400 --> 02:34:52,360
Thank you. I'll second it.

1843
02:34:52,360 --> 02:34:55,620
The amendment is to take out the aggregation issue.

1844
02:34:58,880 --> 02:35:01,200
There's one line that talks about aggregation.

1845
02:35:01,900 --> 02:35:04,020
If you take that, I'll go along with it.

1846
02:35:07,770 --> 02:35:10,030
On the amendment, all in favor, please say aye.

1847
02:35:10,190 --> 02:35:10,470
Aye.

1848
02:35:10,770 --> 02:35:11,130
Opposed?

1849
02:35:11,870 --> 02:35:12,590
Carried unanimously.

1850
02:35:14,670 --> 02:35:16,490
Make a motion to approve as amended.

1851
02:35:16,950 --> 02:35:17,230
Second.

1852
02:35:18,310 --> 02:35:19,970
All in favor, please say aye.

1853
02:35:20,190 --> 02:35:20,430
Aye.

1854
02:35:20,730 --> 02:35:21,070
Opposed?

1855
02:35:21,890 --> 02:35:22,850
Carried unanimously.

1856
02:35:25,330 --> 02:35:28,990
692 is put in by the town attorney.

1857
02:35:29,330 --> 02:35:29,950
Is there a motion?

1858
02:35:29,950 --> 02:35:36,110
I would move this. Is there a second? No second.

1859
02:35:45,510 --> 02:35:47,350
I have next is 740.

1860
02:35:55,580 --> 02:36:00,860
740 has to do with a special use permit for the dormitory.

1861
02:36:00,960 --> 02:36:06,980
Since we have. I think we kind of we kind of table the whole thing.

1862
02:36:08,700 --> 02:36:13,480
We can table this too. I'll make a motion to table second.

1863
02:36:13,480 --> 02:36:17,220
All in favor of tabling 740, please say aye.

1864
02:36:18,160 --> 02:36:20,120
Post carriage unanimously.

1865
02:36:22,320 --> 02:36:26,640
Make a motion to remove from the table resolution.

1866
02:36:31,550 --> 02:36:37,170
Two one seven dash three six two and three six five and three six five.

1867
02:36:39,450 --> 02:36:43,170
Second, all in favor of taking them off the table, please say aye.

1868
02:36:44,530 --> 02:36:48,070
Post carriage unanimously. Make a motion to receive and file both.

1869
02:36:48,070 --> 02:36:56,470
201-7362 and 201-7-365 as they've been supplanted by resolution 711.

1870
02:36:57,050 --> 02:36:57,450
Second.

1871
02:36:58,710 --> 02:37:00,970
Discussion? All in favor, please say aye.

1872
02:37:01,250 --> 02:37:01,430
Aye.

1873
02:37:01,770 --> 02:37:03,430
Opposed? Carried unanimously.

1874
02:37:04,250 --> 02:37:05,270
Suspension is your up next.

1875
02:37:05,510 --> 02:37:10,050
Make a motion to suspend the rules for four unlisted items.

1876
02:37:10,650 --> 02:37:10,990
Second.

1877
02:37:12,370 --> 02:37:14,130
All in favor, please say aye.

1878
02:37:14,350 --> 02:37:14,630
Aye.

1879
02:37:14,890 --> 02:37:16,550
Opposed? Carried unanimously.

1880
02:37:17,610 --> 02:37:26,550
The first item is communication that we received from the DEC regarding hogwarts.

1881
02:37:28,150 --> 02:37:33,450
I don't know how many people, hogweed, hogweed, giant hogweed.

1882
02:37:34,550 --> 02:37:36,030
I'm calling hogwarts.

1883
02:37:36,930 --> 02:37:37,810
Giant hogweed.

1884
02:37:38,390 --> 02:37:43,750
So make a motion to refer this to ACAC Highway and the Invasive Species Committee.

1885
02:37:43,970 --> 02:37:44,250
Second.

1886
02:37:48,270 --> 02:37:55,290
I'd like to also send it to IT and have them posted because it's the state DEC offering

1887
02:37:55,290 --> 02:37:57,930
help to residents that have this problem.

1888
02:37:58,390 --> 02:37:58,490
Sure.

1889
02:37:58,690 --> 02:37:59,550
Let's add IT, then.

1890
02:38:02,010 --> 02:38:03,490
All in favor, please say aye.

1891
02:38:03,810 --> 02:38:03,990
Aye.

1892
02:38:04,470 --> 02:38:04,830
Opposed?

1893
02:38:05,070 --> 02:38:05,570
Okay, unanimously.

1894
02:38:06,590 --> 02:38:06,990
Thank you.

1895
02:38:07,070 --> 02:38:19,330
The second resolution is it's to apply for a grant for the Canalway Trail on Tonawanda

1896
02:38:19,330 --> 02:38:25,830
And I so move. Discussion? Questions? All in favor, please say aye.

1897
02:38:26,030 --> 02:38:27,030
Aye. Opposed?

1898
02:38:29,670 --> 02:38:43,170
The third item came from our brand new contract compliance and administration director, right here, just on the job.

1899
02:38:43,170 --> 02:38:52,570
So this is to extend a contract for Deering Landscape Contractors, and I so move.

1900
02:38:52,830 --> 02:38:53,150
Second.

1901
02:38:54,090 --> 02:38:54,570
Discussion?

1902
02:38:55,570 --> 02:38:57,070
All in favor, please say aye.

1903
02:38:57,310 --> 02:38:58,170
Opposed?

1904
02:38:58,590 --> 02:38:59,450
Care unanimously.

1905
02:39:00,550 --> 02:39:09,850
The fourth item is communication that we received just this afternoon from the county executive regarding the methadone clinic.

1906
02:39:09,850 --> 02:39:10,550
And

1907
02:39:14,650 --> 02:39:18,770
I'm open to ideas on how you want to push up a little bit more.

1908
02:39:18,770 --> 02:39:20,230
Do you want to see paragraph three?

1909
02:39:20,790 --> 02:39:26,070
That one paragraph that says, my team, this is from the county executive,

1910
02:39:26,270 --> 02:39:28,530
my team has discussed this matter with Catholic Health

1911
02:39:28,530 --> 02:39:32,030
and they are willing and eager to work with the town of Amherst

1912
02:39:32,030 --> 02:39:35,130
to find a new location to provide these critical services.

1913
02:39:35,270 --> 02:39:36,650
And I think that's a good thing.

1914
02:39:37,150 --> 02:39:42,090
I'm very excited about their offer to help us find a new location.

1915
02:39:42,090 --> 02:39:46,990
So make a motion to accept the county that kid is offered to help find a new location.

1916
02:39:47,390 --> 02:39:50,790
My question is do you want me to send off that letter to the health department also?

1917
02:39:53,110 --> 02:39:53,590
Yes.

1918
02:39:54,370 --> 02:39:54,530
Okay.

1919
02:39:58,180 --> 02:40:03,020
I will accept county executive polling cars offer to work with us on this.

1920
02:40:03,760 --> 02:40:05,640
We'll identify some locations.

1921
02:40:05,940 --> 02:40:14,140
We'll ask our department heads to identify some locations and then we'll be up to the Catholic health system to decide what they're going to do.

1922
02:40:15,080 --> 02:40:17,280
Supervisor, if I could make an additional suggestion.

1923
02:40:17,540 --> 02:40:17,700
Yeah.

1924
02:40:17,760 --> 02:40:22,140
That when the locations are identified, if we could have a pictorial representation of

1925
02:40:22,720 --> 02:40:24,160
exactly where they are.

1926
02:40:24,420 --> 02:40:24,800
Sure.

1927
02:40:24,860 --> 02:40:27,260
So that everybody would be aware of the location.

1928
02:40:32,460 --> 02:40:32,800
Yeah.

1929
02:40:33,040 --> 02:40:34,540
If they impact a neighborhood.

1930
02:40:36,200 --> 02:40:36,760
Right.

1931
02:40:37,160 --> 02:40:39,620
So that we have a picture of what we're talking about.

1932
02:40:40,260 --> 02:40:40,680
Yes.

1933
02:40:44,170 --> 02:40:44,470
Okay.

1934
02:40:44,590 --> 02:40:49,530
Well, I've been advocating they stay in their present location on Sheridan Drive since day one.

1935
02:40:49,530 --> 02:40:51,270
So that's going to be one of the sites.

1936
02:41:04,090 --> 02:41:05,690
So we work on this now.

1937
02:41:06,090 --> 02:41:10,750
Make a motion to refer to the supervisor to follow up with the county executive.

1938
02:41:12,050 --> 02:41:13,890
All in favor, please say aye.

1939
02:41:14,650 --> 02:41:18,110
Post carried unanimously motion to return to the agenda.

1940
02:41:19,050 --> 02:41:22,110
Second. All in favor, between the agenda, please say aye.

1941
02:41:22,570 --> 02:41:30,410
Post carried unanimously. We get the public special number to make a motion to open the public special number to second.

1942
02:41:30,410 --> 02:41:32,210
I'm all in favor, please say aye.

1943
02:41:32,530 --> 02:41:33,010
Opposed?

1944
02:41:33,190 --> 02:41:33,630
Carried unanimously.

1945
02:41:34,210 --> 02:41:38,470
It's an opportunity for anyone who didn't speak during public expression number one to address

1946
02:41:38,470 --> 02:41:38,890
the board.

1947
02:41:40,110 --> 02:41:40,990
Do we have anyone?

1948
02:41:50,720 --> 02:41:51,120
I'm Mali.

1949
02:41:51,380 --> 02:41:54,080
I'm the chairman of the Board of Ethics, 146 Burroughs Drive.

1950
02:41:55,220 --> 02:42:00,860
I just wanted to, I had a question and a comment with regards to the resolution that

1951
02:42:00,860 --> 02:42:01,600
actually passed.

1952
02:42:02,120 --> 02:42:07,120
Is that going to be retroactive or is it perspective because you passed at least

1953
02:42:07,120 --> 02:42:07,740
four to one?

1954
02:42:07,740 --> 02:42:09,660
And I think it was Resolution 677.

1955
02:42:10,800 --> 02:42:15,320
And with regard to the short form, Ms. Popovich, if they fail to file that short form,

1956
02:42:15,560 --> 02:42:21,000
will there be any sort of direction that my board would have to take?

1957
02:42:21,920 --> 02:42:25,960
Or, you know, if they, even if it's just a short form as the supervisor indicated.

1958
02:42:26,360 --> 02:42:31,360
We're hoping to be working in conjunction that the alternatives would be found,

1959
02:42:31,380 --> 02:42:32,880
like if you then submit it then.

1960
02:42:33,620 --> 02:42:36,640
No, that's great. And so that would apply to both the long and the short form.

1961
02:42:37,140 --> 02:42:37,680
Fair enough.

1962
02:42:37,980 --> 02:42:41,580
Stephen, did you use the first resolution to answer this question?

1963
02:42:42,140 --> 02:42:42,440
Well, sure.

1964
02:42:42,880 --> 02:42:46,040
I mean, the direction was to write a local law, an amendment to the local law.

1965
02:42:46,120 --> 02:42:50,480
So it would be something that when we write it, it would then go into effect at that point in time.

1966
02:42:50,600 --> 02:42:55,340
We can't retroactively apply it to the existing board members, which would include the potential

1967
02:42:55,340 --> 02:43:01,080
penalty of making the, I mean, what I propose, if Stan says that it works, I don't know,

1968
02:43:01,080 --> 02:43:07,560
the deemed withdrawal from the committees for failing to file, then, I mean, again,

1969
02:43:07,640 --> 02:43:11,560
now we have to be something basically anybody newly appointed would be subject to that,

1970
02:43:11,620 --> 02:43:17,000
because presumably anybody appointed prior to that, I think you'd have tough time applying that to them.

1971
02:43:17,260 --> 02:43:20,680
But again, I mean, that's stuff that we'll have to work out in the local law.

1972
02:43:20,860 --> 02:43:27,560
Okay. Except for an unexpected vacancy in one of these board's high-profile committees,

1973
02:43:27,560 --> 02:43:30,820
I wouldn't expect much of this to go into effect until next year.

1974
02:43:31,000 --> 02:43:37,500
Okay, so from our board's perspective, I'm just going to go along with the code as it's written right now until it's changed.

1975
02:43:38,160 --> 02:43:50,440
Well, can I just add that in two weeks I might have a resolution that says right now we have 26 people because our child clerk was kind enough to check on this, so the number has gone down.

1976
02:43:50,440 --> 02:43:55,920
So maybe next time I would have a resolution to say if the these 26 people that were we're working on the

1977
02:43:56,420 --> 02:44:00,740
2017 form so maybe if they don't file then they

1978
02:44:01,280 --> 02:44:08,760
Maybe could be deemed that they voluntarily are withdrawing themselves if they don't file it by a certain date that might be what I would be

1979
02:44:08,760 --> 02:44:11,340
Looking for my resolution was more focused on

1980
02:44:12,280 --> 02:44:14,780
2017 okay again, that's things were

1981
02:44:15,840 --> 02:44:22,700
Prospectively, whatever the action the board takes and then directs our board to take obviously we'll follow. Okay. Thank you for your work. Thank you.

1982
02:44:25,750 --> 02:44:28,170
Make a motion to close public special number two.

1983
02:44:28,970 --> 02:44:30,330
Did someone want to speak?

1984
02:44:31,310 --> 02:44:33,750
No. All in favor, please say aye.

1985
02:44:34,030 --> 02:44:34,290
Aye.

1986
02:44:34,470 --> 02:44:35,350
Opposed, carries unanimously.

1987
02:44:35,910 --> 02:44:37,010
Make a motion to adjourn.

1988
02:44:37,170 --> 02:44:37,510
Second.

1989
02:44:38,110 --> 02:44:39,910
All in favor for adjourning, please say aye.

1990
02:44:40,050 --> 02:44:40,250
Aye.

1991
02:44:40,430 --> 02:44:41,470
Opposed, carries unanimously.

1992
02:44:42,190 --> 02:44:42,750
Thank you everybody.