Town of Amherst Town Board·May 26, 2026
A residency-preference hiring law passes over union objections · A resident pleads for a dog-fence code · A $250,000 park bond
Meeting the day after Memorial Day, the Amherst Town Board closed a two-week-old public hearing and adopted Resolution 2026-373, a local law establishing a residency preference in Town hiring — requiring the Town to exhaust its list of qualified Amherst-resident candidates before offering a civil-service job to an outsider — over the objections of four residents and two unions who called it unfair, unnecessary and opaque; the board and its HR director stressed the law changes nothing until each of the Town's five unions agrees, because every collective-bargaining contract still supersedes it. The board also authorized a $250,000 bond for improvements to Evergreen Park (formerly Tupelo Park) on a roll-call vote, opened public review of the Boulevard Central District environmental study and set a June 22 hearing on it, honored a longtime Willow Ridge school volunteer and three Suburban Hospital nurses, and cleared roughly 30 consent-agenda resolutions — every recorded item passing 5–0. In public expression, a Harbridge Manor resident begged the board for a code to govern a neighbor's invisible dog fence, saying she is “currently living in fear.”
The night's one genuine decision was a governance change years in local debate: Resolution 2026-373, “A Local Law to Establish a Residency Preference for Hiring Employees of the Town of Amherst.”[1] The board had opened the public hearing two weeks earlier, on May 11, and kept it open to a decision date of May 26. On this night it took final public comment, closed the hearing at 7:30 and adopted the law 5–0. The law's aim is straightforward: when a civil-service list produces candidates who live in Amherst, the Town must reach and exhaust those resident candidates before it may extend an offer to a non-resident.[2]
The residents who came to the podium were almost uniformly against it — though for competing reasons. Nick Paolini[*], a retired 28-year Town building-department employee and former union president, argued the Town already fails to advertise its jobs where anyone can find them: “Bill Gates couldn't find this website,” he said of the Town's employment page, urging the Town to publish openings in the community paper instead.[3] Matt Plunkett[*] zeroed in on a clause letting 14 department-head positions seek a waiver to live merely within Erie County, calling it “a landing space for various department heads.”[3] Jane Cox[*] argued from the opposite direction — that the law is too soft, letting newer hires “off the hook” while older workers were forced to move into Town: “It's poorly written. It's unfair to the workers,” she said, urging a no vote. Don Smith[*] pressed for “transparency on who gets it, why they get it, how long it's for” on every waiver granted.[3]
Before the vote, Supervisor Lavin[*] asked HR Director Robert McCarthy to address the room. McCarthy, in his 28th year with the Town, delivered the meeting's most candid passage: hiring is simply harder than it was. “Lists that used to house dozens and dozens of Amherst residents and hundreds of county residents don't anymore,” he said — competitive resident lists now run “three, five, maybe 10 people if we're lucky.” In an ideal world, he added, “every single employee in the town” would be an Amherst resident, and only when those possibilities are exhausted “to our fullest extent” would non-residents be hired.[3] Crucially, McCarthy stressed the law is inert until the Town negotiates with labor: “every single union in the town, there's five of them… the union contracts supersede the law.”[3]
After the hearing closed, Supervisor Lavin read the operative clause into the record — Section 3(H), which says the law “shall not supersede any valid collective bargaining agreement.” Nothing changes for a unionized worker, he explained, “unless it's started by the unions to negotiate with us.”[3] The board then adopted the law 5–0.[2]
This is a preference, not a hard residency requirement. New York civil-service hiring runs off ranked eligible lists from competitive exams. The law tells the Town to reach and exhaust the Amherst residents who are “reachable” on that list before it may hire anyone from outside Town. It does not force any sitting employee to move, and — per Section 3(H) — it cannot override a union contract that already sets its own residency terms. So a worker covered by a collective-bargaining agreement sees no change unless and until that union renegotiates. That is why the board could pass the law and simultaneously tell the unions it changes nothing today.
The board's other roll-call vote of the night funded a park. Resolution 2026-423 authorized $250,000 in serial bonds for improvements to Evergreen Park — formerly Tupelo Park — a 2026–2031 capital-plan project (YR-3B).[4] The vote came in two steps that a lay reader can easily miss: the board first adopted a SEQR “negative declaration” for the project, then adopted the bond resolution itself by roll call, 5–0. Because the work is a Town improvement not tied to a special district, no public hearing on the bond was required.[4]
Before Amherst can bond a project, state law (SEQR — the State Environmental Quality Review Act) requires the board to decide whether the work could significantly harm the environment. A “negative declaration” is the finding that it won't, which clears the project to proceed. So the single park item produced two motions: first the environmental finding, then the $250,000 bond. Both passed unanimously.
Two linked planning resolutions moved the Town's largest ongoing redevelopment vision forward. Resolution 2026-443 accepted the Boulevard Central District Supplemental Draft Generic Environmental Impact Statement (SDGEIS) as complete and adequate for public review; Resolution 2026-442 scheduled the public hearing on it for June 22, 2026.[5] The BCD is the Town's plan to reshape the Boulevard Mall corridor; the Town Board reaffirmed itself as SEQR lead agency in May and has now filed the supplemental study for comment. Written public comments will be accepted through July 8, 2026, with the document posted on the Town's website and available in hard copy at the Planning Department.[5] Both resolutions passed 5–0 on the consent agenda.
The evening's most personal appeal came in public expression, from Barbara Hayes[*] of 118 Harbridge Manor, in the Graythorn patio-home community near ECC North. Since November she has tried, unsuccessfully, to get relief after a new neighbor installed an invisible dog fence along the narrow property line between their homes — leaving a dog able to reach the shared walkway with no leash. Hayes, who said she was “viciously attacked by a dog” as a teenager, told the board her HOA had approved the fence with no consideration of neighbors, and that the Town's supervising code enforcement officer confirmed there is no Town code addressing invisible fences' effect on adjacent neighbors and sent her back to the board. “I am currently living in fear,” she said, describing two dogs charging at her patio and $400 in flowers she is now afraid to tend.[6] Supervisor Lavin broke his usual practice of holding answers to the end, confirming her email address on the spot and promising a Town staffer would contact her the next day to see “what exists that we possibly could remedy.”[6] Two other residents raised a Getzville Fire Company applicant listing a Vestal address 197 miles away (which the supervisor said the work session had already flagged as a UB student), a plea for a West Seneca-style fix to the Town's term-limits law, and a Mahogany Drive complaint about brush and cardboard the Highway Department left uncollected for two months.[6]
The meeting opened with recognitions: a moment for Amherst veterans who died in the past year, an invocation for National Nurses Month, and two proclamations — one honoring Steven Barnas[*], who has walked to Willow Ridge Elementary every school day for eight years to greet students, and one honoring Millard Fillmore Suburban Hospital nurses Janine Lumia, Kelly Francis and Ashley Rich[*] (the hospital, which opened in August 1974, marked its 50th anniversary in 2024).[7] The consent agenda then swept up roughly two dozen department resolutions, each 5–0. Among them: a $210,300 Senior Center boiler replacement to Greater Niagara Mechanical (Res. 2026-431); an escrow deal with Natale Building Corp. to guarantee sidewalks along a new road in Miller's Crossing (Res. 2026-427); a busing bid awarded to Erie Bus Inc./WNY Bus Co. (Res. 2026-433); acceptance of the Town's 2025 audit (Res. 2026-432); several police grant agreements and out-of-state training trips; a clutch of engineering-plant personnel appointments; a $372,600 local match for federal Casey Road pedestrian-and-bicycle safety work (Res. 2026-435); orders calling June 22 hearings on storm-sewer lining, a sanitary-interceptor study and two lighting-district extensions; and an intermunicipal agreement to have Amherst's Planning Department provide planning support to the Village of Williamsville (Res. 2026-444).[8] Two communications — a rezoning-hearing request for four North Forest Road parcels under the Audubon plan and a Newman Center tent-fee waiver — were approved. The board adjourned at 8:04 PM with no executive session.[8]
All five members were present and voting throughout: Supervisor Shawn A. Lavin[*] (chair), Deputy Supervisor Angela Marinucci[*], and Councilmembers Michael Szukala[*], John B. Davis and Jack Kavanaugh[*]. Unless noted, votes were unanimous, 5–0, with most department items adopted together on the consent agenda; the residency law and the park bond were taken separately, and the bond was a recorded roll-call vote. Outcomes below are drawn from the official IQM2 minutes. No recusals were recorded.
“A Local Law To Establish A Residency Preference For Hiring Employees of the Town of Amherst.” Public hearing opened May 11, held open, and closed May 26 at 7:30 PM after four residents spoke (Paolini, Plunkett, Cox, Smith). HR Director Robert McCarthy and Asst. Director Zachary Garlick presented. Section 3(H) provides the law does not supersede any valid collective-bargaining agreement. Adopted 5–0.
Appoints Susan McClary to the Amherst Committee on Disabilities for a term ending December 31, 2027 (a vacant position). Councilmember Kavanaugh, the committee's liaison, sponsored.
Authorizes $250,000 in serial bonds for Evergreen Park (formerly Tupelo Park) improvements, 2026–2031 C.I.P. project YR-3B / Town Job No. 2010.101A. The board first adopted a SEQR determination (negative declaration), then adopted the bond resolution by roll-call vote. No public hearing required (Town improvement, not a special district).
2026-424: Order calling a June 22 hearing on 2026 Storm Sewer Pipe Lining ($750,000, project H-7). 2026-425: Order calling June 22 hearings on the 2026 Parallel Peanut Line Sanitary Interceptor ($1,040,000, S-11) and a Plant Mechanical/Electrical/Plumbing Study ($150,000, S-6). 2026-426: Order calling a June 22 hearing to extend the Town lighting district to The Hamlet and Cricket Lane. All on consent.
Authorizes the Supervisor to execute an escrow agreement with Natale Building Corp. (President Angelo S. Natale) to satisfy a sidewalk condition along a new road in the Miller's Crossing subdivision — Natale to deposit $50,000, and a further $50,000 within six months. Pending completion of the contract review process.
2026-428: First-Class Amusement License for Giancarlo's Sicilian Steakhouse, 5110 Main St, for Wednesday events June 3–Sept 30, with fire, power and accessibility conditions. 2026-429: new firefighter Anthony Laettner for the Swormville Fire Company. 2026-430: three new firefighters (Joseph Fecio, Aiden Claxton, Jeana Piwko) for the East Amherst Fire Department. All on consent.
Awards the Senior Center boiler-replacement contract (Town Facilities No. 2025 F-6.1) to Greater Niagara Mechanical, Inc. for $210,300.00; five contractors bid.
Formalizes acceptance of the audit report for the year ended 12/31/2025 (Drescher & Malecki LLP presented May 11), plus related cash-balance statements and financial-assistance schedules.
Awards Bid #2026023 for busing to Erie Bus Inc., dba WNY Bus Co.; two vendors bid. Pending completion of the contract routing system as the current contract expires May 24, 2026.
Authorizes the Town Justice, Court Administrator, Drug Court Analyst and Bench Clerk to attend the RISE26 Drug Court Conference in Nashville, TN, July 19–24, at a cost of $12,427.00.
Authorizes the Supervisor to sign a NYSDOT Supplemental Agreement No. 1 for the federally aided Casey Road Pedestrian & Bicycle Safety Improvements (PIN 5764.66), committing the Town's 20% local share of $372,600 and allowing the Town to act as pass-through for an Erie County repaving betterment. From a June 2022 $1,490,400 TAP grant.
Amends CIP project H-7 (Storm Pipe Lining) to correct the funding source from a General Fund bond to a Storm Drainage District bond.
2026-437: appoint an Auto Mechanic Helper, Police Dept ($22.40/hr). 2026-438: appoint a File Clerk, Senior Services ($31,052). 2026-439: extended sick leave without pay, Engineering/Plant #16. 2026-440 & 441: two lateral promotions to Senior Maintenance Worker, Engineering/Plant #16 ($21.04/hr and $26.79/hr). All on consent.
2026-442: schedules a June 22 public hearing on the Boulevard Central District Supplemental Draft Generic Environmental Impact Statement (SDGEIS). 2026-443: finds the SDGEIS complete and adequate for public review as a Type I SEQR action, directs its filing and circulation, sets the June 22 hearing and a July 8 written-comment deadline. Both on consent.
Authorizes the Supervisor to sign an agreement for Amherst's Planning Department to provide community planning and zoning support to the Village of Williamsville and its Planning Board, Historic Preservation Commission and ZBA. Pending contract routing. (Resident Tom Frank spoke in support at public expression.)
2026-445: County of Erie grant agreement (CRS #6271). 2026-446: two officers to a Basic Homicide Investigation course, Harrisburg, PA (~$1,714.20). 2026-447: 2025 Edward Byrne Memorial Justice Assistance Grant (JAG), $20,380 via the City of Buffalo. 2026-448: FY2023 Targeted Tactical Team grant (NYS DHSES, CRS #6274). 2026-449: two officers to a Sniper Observation course, Rochester (~$3,114.54). All on consent.
2026-450: Change Order No. 2 on the Volland Electrical Corp. contract, a $2,295.00 increase plus a time extension for VFD startup services (CRS #6325). 2026-451: two-month extension of the Modern Disposal Services contract for wastewater sludge/screenings disposal through July 26 (CRS #6328). Both on consent.
2026-452: extension #2 of the JCI Jones Chemical contract (CRS #6318). 2026-453: authorize Naomi Sosnowski to travel to the NRPA conference in Philadelphia (costs paid by an externship award). 2026-454: approve Summer 2026 and Fall/Winter 2026–2027 ice rates, as recommended by the Recreation Commission. All on consent.
Comm. 2026-53: request from Robert Savarino (RAS Development) for a June 22 public hearing on reclassifying and amending the Audubon plan for 2559, 2535, 2529 & 2493 North Forest Road. Comm. 2026-54: Newman Center request to waive the tent-permit fee for its 50th annual chicken barbecue (Aug 9). Both approved on consent.
The session. This was the Regular Meeting of the Amherst Town Board, held Tuesday, May 26, 2026 at 7:00 PM — shifted from the Town's usual Monday because May 25 was Memorial Day (Councilmember Davis opened with an in-memoriam for Amherst veterans, referencing “yesterday's Memorial Day service”). The board's five-member roster used here — Supervisor Shawn A. Lavin (chair), Deputy Supervisor Angela Marinucci, and Councilmembers Michael Szukala, John B. Davis and Jack Kavanaugh — was verified against the Town's official Town Board page and reconciled against this meeting's official IQM2 minutes, which record all five present and voting aye on every item.
Sourcing. Outcomes, motions, vote results, resolution numbers, dollar figures, addresses and entity names are anchored to the Town's official IQM2 (Minutetraq) minutes and agenda packet for May 26, 2026, which govern every proper noun; the transcript supplies discussion and quotations. Names heard only in the audio — residents who spoke and the honorees — carry the [*] flag and were reconciled to the minutes' speaker list where possible: audio “Paulini/Paolini” → Nick Paolini; “North Hill/Northville Drive” → 299 Northill Dr; “Stephen Barnes” → Steven Barnas; nurses “Junane/Junene Lumia” → Janine Lumia, and “Garrett Brown” → Garrette Brown per the minutes. The Sweet Home schools superintendent, the Willow Ridge principal and the “Mr. Gessel” code officer are named only in the audio (they are not Town Board record) and are not spelled out here. HR Director Robert McCarthy and Assistant HR Director Zachary Garlick are confirmed by the minutes.
Street-name validation. The street-check tool flagged “North Hill Drive”/“Northville Drive” (ambiguous/unknown) and “Hill Drive”; the minutes resolve Matt Plunkett's address to 299 Northill Drive. All other streets in the transcript (Harbridge Manor, Harlem Road, Huxley Drive, Mahogany Drive, Niagara Falls Boulevard, Ponderosa Drive) validated exactly against the Town street list.
Capture context. Amherst holds a companion Town Board work session the same day; the Supervisor referred to it (“our afternoon work session… passed during consent agenda”), but no separate work-session stream was captured for May 26, so this brief documents the 7:00 PM regular meeting only. The [*] symbol marks a proper noun reconciled from audio against the official record; verify against the Town Clerk's minutes before quoting in any formal communication.