Meeting No. 15 Thomas Quatroche, Jr. Councilman west line of said Lot No. 21; ... more or less to a point in the southeasterly line of Southwestern ... downsize the commercial and

Meeting No. 15September 8, 2003

Hamburg Town Board MeetingS-6100 South Park AvenueHamburg, New York 14075

Roll Call: Patrick H. Hoak SupervisorD. Mark Cavalcoli CouncilmanKathleen C. Hochul CouncilwomanJoan A. Kesner CouncilwomanThomas Quatroche, Jr. Councilman

Also Present: Catherine Rybczynski Town ClerkJames Spute Finance DirectorRichard Boehm Deputy Town AttorneyGerard Kapsiak Town EngineerJames Connolly Highway SuperintendentJoseph Coggins Police ChiefRobert Hutchison Town AssessorDrew Reilly Planning ConsultantMartin Denecke Director of RecreationKurt Allen Supervising Building Inspector

The Pledge of Allegiance was recited.

Information on Fire Exits was provided.

Councilwoman Hochul comments that in her role as Chairperson of the Town RejuvenationProject it is her honor to seek out and recognize the businesses that have done an outstanding jobwith their property. We pride ourselves on how Hamburg looks and it often starts with privatebusiness people and organizations taking steps to beautify their property. That is what thisannual ceremony is about. It is a privilege to recognize the following individuals and theirorganizations: Mike Webster for Braymiller Builders on Lake Street, they have made a beautifulupgrade to that property, Brian Burns of Buck Motors on the corner of McKinley and ClarkStreet did a wonderful job of renovating their building, Tim and Isabelle Kowski of HamburgHonda on Camp Road came to the Hamburg IDA for assistance and did a great job fixing uptheir property. Our Lady of Perpetual Help in Lake View is a stunning building designed byarchitect Jake Schneider, the church is represented by Sister Sharon Erickson, the Amvets Post#897 in Blasdell did a wonderful renovation and they are represented by Bill Coffey, ChuckMarcilla and Brian Lewandowski. OSEA on South Park Avenue, Jeanna Coniglio took over avacant building and did a great job. She asks that the recipients come forward for their awards.

Councilwoman Hochul comments that now she will present the every other month award forCharacter First recognition. The Character for the summer months was Vigilance which is beingaware of your surroundings to insure safety for your community, focus your attention diligently. The recipients are Captain John Conlon for his work with the neighborhood watch and NationalNight Out in Blasdell and Jim Spute for his work as the Emergency Management Director andTom Moses for his many years of involvement with the Hamburg Volunteer Fire Company andespecially his role in the “Blast on the Beach” coordinating the Police, Fire Police, buses andparking at Rogers Road.

7:00 p.m. Public Hearing for proposed local law #7, 2003 which provides for an amendment tothe Zoning Code for property located at 5310 Southwestern Blvd to be rezoned from R-3 to C-1.

Catherine Rybczynski, Town Clerk, reads the following notice as published in the Hamburg Sunand the Front Page:

LEGAL NOTICETOWN OF HAMBURG

PLEASE TAKE NOTICE that there has been presented to the Town Board on August 4, 2003,pursuant to the Municipal Home Rule Law, a proposed law to be known as proposed local law#7, 2003; said local law provides for the amendment of Local Law #10, 1986, Chapter 280-Zoning and provides substantially as follows:

For the adoption of an amendment to said Zoning Code for property located at 5310Southwestern Boulevard. The property is to be rezoned from R-3 (Multi-Family District) to C-1(Local Retail District) and further described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County ofErie and State of New York, being part of Lot No. 21, Township 9, Range 8 of the Holland LandCompany’s Survey, described as follows:

BEGINNING at a point in the northwesterly line of Southwestern Boulevard one hundred(100) feet wide where the same intersects the northerly line of lands of Gerhard Moddickconveyed to him by deed from William Schreiner and wife under date of March 21, 1898recorded in Erie County Clerk’s Office in Liber 854 of Deeds page 20 on March 24, 1898;thence southwesterly along said line of Southwestern Boulevard one hundred forty-five andeighteen hundredths (145.18) feet; thence westerly on a straight line four hundred forty and fortyone hundredths (440.41) feet to the westerly line of said lot No. 21 to a point eighty-seven andfifty-five hundredths (87.55) feet southerly from said Moddick’s north line measured along thesaid west line of said Lot No. 21; thence northerly along said west line of said Lot No. 21,eighty-seven and fifty-five hundredths (87.55) feet to said Moddick’s north line; thence easterlyalong said Moddick’s north line five hundred fifty-four and eighty hundredths (554.80) feet tosaid Southwestern Boulevard, the point of beginning, containing one (1) acre of land.

THEREFORE, pursuant to the statutes and the provisions of the Municipal Home RuleLaw, the Town Board of the Town of Hamburg will hold a public hearing on September 8, 2003at 7:00 p.m. (Local time) at which time all interested persons may be heard.

Dated: August 4, 2003 Catherine RybczynskiTown ClerkTown of Hamburg

There is one letter of correspondence from the Planning Board forwarding a favorablerecommendation to the Town Board from R-3 (Multi-family) to C-1 (Local Retail) as this is aneffective use of the property: an existing business is there, and the applicant will be allowed tolive on the premises as this is a legal, non-conforming use that is grandfathered.

Drew Reilly, Planning Consultant, gives a presentation using an overhead projector. He showsthe property on a map and explains surrounding properties. They approached the PlanningBoard and asked what they would recommend as a zoning and the Planning Board recommendeda C-1 zoning. They didn’t want to go as high as a C-2 and felt that the C-1 would becomplementary to the area and would act as a transition between the C-2 and the apartmentcomplex. This application has been around for about a year. When Canine Capers opened there,the site had commercial businesses on it for the past 20 years. The applicant moved in and gotan approval under an existing non-conforming use transferring to another business. Theapplicant has been successful in their business and has asked to expand the business at thatlocation. Unfortunately, under a non-conforming use you are limited to 25% expansion. Theylooked at getting a variance on that 25% and they could not. They looked at the type of rezoningand the different uses that were on the site and after long discussions the recommendation wasfor a C-1 zoning. With that, the applicant can still have a residence there and so that is wherethey are today. They did talk to the adjoining property owner and he expressed no problem withthis. They have received letters on this but they cannot be entered into correspondence unlessthey are signed.

Supervisor Hoak comments that no action will be taken this evening with the earliest action to betaken in two weeks giving anyone who might want to contact Board members, or send incorrespondence, time to do that. He opens the public hearing for discussion. No comments aremade.

I.RESOLVED, that the Town Board close the Public Hearing at this time.

Moved: Hoak Seconded: KesnerRoll Call: Ayes: Hoak, Cavalcoli, Hochul, kesner, Quatroche

Noes: NoneCarried

7:15 p.m. Public Hearing for proposed local law #6, 2003 which provides for an amendment tothe Zoning Code for vacant land located on North Creek Road from C-2 to N-C.

Catherine Rybczynski, Town Clerk, reads the following notice as published in the Hamburg Sunand the Front Page:

LEGAL NOTICETOWN OF HAMBURG

PLEASE TAKE NOTICE that there has been presented to the Town Board on August 4, 2003,pursuant to the Municipal Home Rule Law, a proposed local law to be known as proposed locallaw #6, 2003; said local law provides for the amendment of Local Law #10, 1986, Chapter 280-Zoning and provides substantially as follows:

For the adoption of an amendment to said Zoning Code for vacant land located on NorthCreek Road. The property is to be rezoned from C-2 (General Commercial District) to N-C(Neighborhood Commercial District) and further described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamburg, County ofErie and State of New York, being part of Lot Number 43, Township 9, Range 8 of the HollandLand Company’s Survey and more particularly described as follows:

BEGINNING at the point of intersection of the center line of North Creek Road(formerly Lakeview Road) at its intersection with the east line of lands conveyed to Theodore E.Sawdey and Mary, his wife, be deed recorded in the Erie County Clerk’s Office in Liber 3767 ofdeeds at page 62; running thence northerly and along the east line of said Sawdey’s lands, 584.79feet to the southeasterly line of Southwestern Boulevard, said point also being the northeastcorner of said Sawdey’s land; running thence southwesterly along the southeasterly line ofSouthwesternBoulevard, 210.51 feet, more or less to a point in the southeasterly line of SouthwesternBoulevard at the northeast corner of lands appropriated by the State of New York for highwaypurposes, being Map Number 54, Parcel Number 58 as shown in Notice of Appropriationrecorded in the Erie County Clerk’s Office in Liber 6370 of deeds at page 571; running thencesouthwesterly and along the southeasterly line of Map Number 54, Parcel Number 58 to a point,being the most northerly corner of lands conveyed to Robert W. Falcone and Johanna F., hiswife, by deed recorded in the Erie County Clerk’s Office Liber 7281 of deeds at page 59;running thence southeasterly and parallel to the center line of North Creek Toad, 186.50 feet to apoint; running thence southerly and parallel to the easterly line of lands conveyed to Theodore E.Sawdey and Mary, his wife, by deed aforesaid, 223.82 feet to the center line of North CreekRoad; running thence southeasterly and along the center line of North Creek Road 109.10 feet tothe point or place of beginning.

THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule Law,the Town Board of the Town of Hamburg will hold a public hearing on September 8, 2003 at7:15 p.m. (Local time), at which time all interested persons may be heard.

Dated: August 4, 2003 Catherine RybczynskiTown ClerkTown of Hamburg

There is one item of correspondence from the Planning Board forwarding a favorablerecommendation to the Town Board to change the zoning for the Hiller property to N-C for asingle family dwelling contingent on subdivision approval at a later time.

Drew Reilly, Planning Consultant, gives an overview of the property using an overheadprojector. He points out the property explaining surrounding properties. He then explains that,because of the zoning of surrounding properties, they did not want to change the zoning to R-1.They wanted them to be able to build a residential house but leave the area in it’s commercialnature so they recommended N-C zoning. This is the only zoning that allows small businessesand also allows single family homes. The property wasn’t big enough to allow R-A and theydidn’t go to R-1 because they didn’t want to bring that across the street so they picked the N-C todownsize the commercial and make it more restrictive.

Supervisor Hoak comments that no action will be taken for at least two weeks and he turns itover to Councilman Cavalcoli for comment.

Councilman Cavalcoli comments that after sitting through many Planning Board meetings andlooking at this and considering the Lake View area, it is very important that they try and retainwhatever commercial parcels that they have and since that corner and intersection is alreadycommercial it is important to not introduce residential at that site. This precipitated the decisionto recommend to the applicants that they look at the N-C. They are trying to remain consistentand not change the commercial and residential zoning in the Lake View area.

Councilwoman Hochul questions if there was any thought in looking at the surrounding cornerparcels and making them N-C as well. Mr. Reilly comments that he would have to contact theresidents in that area. The homes in that area are technically legal non-conforming uses and ifthey burned down they could not be re-built. Councilwoman Hochul comments that she wouldlike them to contact the people in that area and tell them if they would like to maintain thatflavor it is in their interest to downsize the C-2 zoning. Because if one person decides to livethere forever in a nice home, their neighbor could put in an oil change and there isn’t anythingthey could do about it. We don’t want to see that kind of development in Lake View. So toprotect the people that are there they should make the effort to go out there and say this rezoningis happening and the Town would like them to be included to protect them. Drew comments thathe will get the addresses of the residents and contact them, they may not even be aware that theyare zoned C-2.

Councilman Cavalcoli comments that in the interest if timeliness that they didn’t pursue thatbecause they felt that would be the next step. He would make a recommendation to the PlanningBoard that they look at the whole intersection before they made any strong recommendations tothe residents there.

Councilwoman Hochul comments that there are already a lot of accidents there and if that didshift over to commercial it would be a problem area.

Supervisor Hoak opens it up for public comment.

Christine Pietrocarlo, 2136 N. Creek, questions what the frontage is on North Creek. DrewReilly comments that there is 109 feet. She then comments that she was under the impressionthat they needed 200 feet. Drew responds that would be for the R-A zoning.

George Verbanoff, 2097 North Creek Road, comments on problems he has with his property.

Councilman Cavalcoli sums up his complaints commenting that he has a serious complaint aboutthe drainage, he has a concern about the size of the property and whether or not it has a basementand he is also concerned that whatever ditch is in front of other houses is blocked off and sothere is not a proper flow and he ends up with a lot of water. He then comments that as part ofthe public hearing they listen to concerns and then look into those concerns prior to making anydecision. He then comments that he will have Mr. Allen from the Building InspectionDepartment go out and inspect the site, take down all his information and find out what hisissues are and bring it back to the Town. If we need to involve Engineering they will do that andthen get back to him. Councilman Cavalcoli then comments that if the project is properlydesigned they may be able to relieve his flooding problems.

Bob Reynolds, 4301 Rushford, questions if there are sanitary sewers in that area or if they have

septic systems. Mr. Kapsiak comments that they will use sanitary sewers for the house to bebuilt in that area.Michael Pietrocarlo, 2136 N. Creek, comments that when they put up the house that is on thecorner, which is a non-conforming use, he had to have petitions signed by everyone in the area. He is worried that they are setting a precedent that a case could be made that if you don’t have200 feet of frontage on North Creek Road you could change the zoning. Councilman Cavalcolicomments that all the applications have to come before the Town Board and they are in theposition to not recommend it to the Planning Board. He feels that this is the one spot that hefeels is a very poor location for the types of homes that are already there and if they change thezoning it will change the use and make it a conforming use. It also retains the commercial areaso that if a business wants to come into that area in the future it is already zoned properly. If intheir review of this they want to change it all to neighborhood commercial or to some type ofresidential they could do that, but he doesn’t see that happening. Right now he would like tokeep it as just this one parcel. This Board has no intention of reducing the R-A zones that theyhave and allowing an increase of high density use. If the property remains as C-2 he could notbuild a house and the property could be used for a business. The Board felt that it is more incharacter for the area to have a house put on there instead of a business. They felt this was anupgrade and would improve the area. Mr. Verbanoff comments that he would rather see a housethere. But, he is concerned about the spring in that area and flooding.

Christine Peitrocarlo questions that, as it stands now, they can put a commercial business inthere. Councilman Cavalcoli responds that is correct unless they change it to NeighborhoodCommercial for a single family dwelling.

Supervisor Hoak comments that it will be more than two weeks before they can address all theissues that were brought up this evening.

II.RESOLVED, that the Town Board close the Public Hearing at this time.

Moved: Hoak Seconded: CavalcoliRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

III.RESOLVED, that the Town Board approve the minutes from the following meeting:

August 4, 2003 Town Board Meeting

Moved: Hochul Seconded: Quatroche Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

IV.RESOLVED, that the Town Board approve authorizing the Finance Department to create a newaccount, ER 923 Restricted for Loss of Revenue, due to Bad Weather. This would be used to offset, loss of revenue to bad weather, therefore no golf rounds. This would be only for Weatherrelated revenue items. (ER2050.01 Greens Fees and ER2050.2 Cart Rental) would be used onlyat year end to cover loss that is actually 10 Per Cent less than Budgeted for.

BE IT FURTHER RESOLVED, that the Town Board authorize the transfer of $150,000 fromER909 to ER923.

Moved: Quatroche Seconded: HochulRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

Councilman Quatroche comments that this is literally an account for a rainy day. It is comingfrom ER revenues to be set aside in case they have that problem so it is all within the enterpriseaccount for the golf course.

V.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Justice - Med Ins. A1110.860 $1,348.00Justice - Med. Ins. A1110.860 $1,111.00Justice - Dental A1110.865 $ 902.00Finance - Med. Ins. A1310.860 $2,557.00

To: Town Board - Med. Ins. A1010.860 $ 252.00Town Board - Dental A1010.865 $ 945.00Town Board - Vision A1010.875 $ 151.00Supervisor - Med. Ins. A1220.860 $4,570.00

To fund anticipated shortages in Health, Dental & Vision Accounts.

Moved: Hoak Seconded: HochulRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

VI.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Tax - Med. Ins. A1330.860 $2,034.00Tax - Med. Ins. A1330.860 $ 960.00C.D. - Med. Ins. A8686.860 $ 10.00Finance - Dental A1310.865 $ 53.00

To: Assessing - Med. Ins. A1355.860 $2,034.00Town Clerk - Med. Ins. A1410.860 $ 970.00Legal - Med. Ins. A1420.860 $ 53.00

To fund anticipated shortages in health, dental & vision accounts.

Moved: Hoak Seconded: KesnerRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

VII.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Personnel - dental A1430.865 $ 934.00Personnel - vision A1430.875 $ 78.00Finance - Med. Ins. A1310.860 $ 122.00Assessing - vision A1355.875 $ 174.00Tax - dental A1330.865 $ 364.00Tax - vision A1330.875 $ 72.00Assessing - dental A1355.865 $ 102.00Engineering - dental A1440.865 $ 102.00Town Clerk - dental A1410.865 $ 34.00Legal - dental A1420.865 $ 43.00Supervisor - dental A1220.865 $ 7.00

To: Personnel - Med. Ins. A1430.960 $2,032.00



Noes: None

Carried

VIII.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Town Hall Operations - Med Ins. A1620.860 $518.00Central Garage - dental A1640.865 $ 34.00Town Hall Operations - dental A1620.865 $ 21.00Legal - vision A1420.875 $ 1.00

To: Central Garage - Med. Ins. A1640.860 $574.00


Moved: Hoak Seconded: QuatrocheRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

IX.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: C.D. - Med. Ins. A8686.860 $760.00D.A.R.E. - dental A4212.865 $488.00Eng. - Med. Ins. A1440.860 $308.00Eng. - Med. Ins. A1440.860 $ 38.00Animal Control. - Med. Ins. A3510.860 $169.00 “ ” “ ” A3510.860 $ 89.00

To: Signal/signs - Med. Ins. A3310.860 $760.00D.A.R.E. - Med. Ins. A4212.860 $796.00L.V. Road Rec. - Med. Ins. A7141.860 $ 38.00 “ ” “ - dental A7141.865 $169.00 “ ” “ - vision A7141.875 $ 89.00



Noes: NoneCarried

X.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Pub. Safety - Med. Ins. A3020.860 $3,752.00 “ ” “ ” A3020.860 $1,935.00C.D. - Vision A8686.875 $ 11.00Pub. Safety - dental A3020.865 $1,720.00D.A.R.E. - vision A4212.875 $ 129.00C.D. - dental A8686.865 $ 175.00

To: L.V. Rec. - Med. Ins. A7141.860 $3,752.00Hwy. - Med. Ins. A5010.860 $1,946.00Data Proc. - Med. Ins. A1680.860 $2,024.00



Noes: None

Carried

XI.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment as follows:

From: C.D. - Med. Ins. A8686.860 $331.00

To: Adult Day Care - Med. Ins. A6780.860 $142.00Playground Rec. - dental A7140.865 $150.00 “ ” “ - vision A7140.875 $ 39.00



Noes: NoneCarried

XII.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment as follows:

From: Contingency Acct. A1990.419 $7,044.00

To: Retirees “A” Fund - A9060.861 $7,044.00Hosp. - Med.

To fund anticipated shortage in account through year end.


Noes: NoneCarried

XIII.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Police - Med. Ins. B3120.860 $22,651.00Police - dental B3120.865 $ 2,548.00Police - vision B3120.875 $ 3,052.00Bldg. Insp. - Med. B3620.860 $ 2,405.00 “ ” - dental B3620.865 $ 118.00

To: Planning - Med. Ins. B8020.860 $ 475.00Retirees “B” Fund - Med. Ins. B9060.861 $30,299.00

To fund anticipated shortage in health insurance accounts.


Noes: NoneCarried

XIV.RESOLVED, that the Town Board approve the Transfer of Appropriations for the FinanceDepartment within the 2003 Budget as follows:

From: Youth - Med. Ins. A3121.860 $ 118.00Rec. - Med. Ins. A7020.860 $ 312.00Animal Control - vision A3510.875 $ 29.00C.D. - Med. Ins. A8686.860 $ 139.00Sr. Serv. - vision A6772.875 $ 395.00Data Proc. - dental A1680.865 $ 30.00Youth - dental A3121.865 $ 31.00B & G - dental A3310.865 $ 22.00Animal Control - dental A3510.865 $ 27.00Hwy. - dental A5010.865 $ 31.00Sr. Serv. - dental A6772.865 $ 589.00Sr. Serv. - vision A6772.875 $ 395.00

To: Hosp. & Med. Retirees A9060.861 $2,118.00


Moved: Hoak Seconded: CavalcoliRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner

Noes: NoneCarried

Mr. Spute comments that the reason for all the transfers is that when they were estimating whatthe cost was going to be last fall their contract with all the health plans was from the previousJanuary. They set the new rates in January and the plan becomes effective in June, this is tobalance all the accounts before year end.

XV.WHEREAS, Ryan Homes would like a refund of $973.00 because the prospective buyerdecided not to build.

THEREFORE BE IT RESOLVED, that the Town Board approve the refund as follows:

Building Permit $282.00Plumbing Permit $ 41.00Sewer Tap $ 50.00Recreation Fee $600.00

Total $973.00

Check Payable to: Ryan Homes1026 Union road - Suite 4West Seneca, N.Y. 14224

Moved: Quatroche Seconded: KesnerRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

XVI.RESOLVED, that the Town Board authorize the Recreation Department to issue alcoholwaivers for additional August Taylor Road Rentals:

08/13/03 08/18/03 08/20/03 08/27/02

Moved: Quatroche Seconded: HochulRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner

Noes: NoneCarried

XVII.RESOLVED, that the Town Board authorize the Finance Department to increase the followingappropriation accounts through the 599 (Appropriated Fund Balance) to fund health insurancefor retirees through year end. This is due to unanticipated increases in insurance costs.

B9060.861 (Hosp., Med. Ins. - Retirees) $22,040.00DB9060.861 “ ” $ 8,367.00


Noes: NoneCarried

XVIII.RESOLVED, that the Town Board approve the hiring and termination of personnel for thePlanning Department as follows:

1. Evancho, Cindy Clerk- Seasonal 08/19/2003 Terminate2. Evancho, Cindy Clerk - Part-Time 08/19/2003 $7.77

Moved: Cavalcoli Seconded: KesnerRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

XIX.RESOLVED, that the Town Board approve the hiring and termination of personnel for theRecreation Department as follows:

1. Adornetto, Jill B7310(320) 08/25/2003 Terminate2. Barrett, Gina “ ” Terminate3. Battaglia, Renee “ ” Terminate4. Bebak, Marilou “ ” Terminate5. Betrus, Katherine “ ” Terminate6. Bukaty, Edward “ ” Terminate7. Busha, Kelly “ ” Terminate8. Carden, Margaret “ ” Terminate9. Castanza, Jenea “ ” Terminate10. Clark, Lyndsay “ ” Terminate11. Collins, Lauren “ ” Terminate12. Conrad, Meegan “ ” Terminate13. Courtney, Jennifer “ ” Terminate14. Crane, Julianne “ ” Terminate15. Dash, Lea “ ” Terminate16. DiFilippo, Katie “ ” Terminate17. Denecke, Eric “ ” Terminate18. Donovan, Cornelius “ ” Terminate19. Drew, Carolyn “ ” Terminate20. Dziob, Mark “ ” Terminate21. Engler, Carrie Ann “ ” Terminate22. Filighera, Randall B7310(320) 08/25/2003 Terminate23. Gallardo, William “ ” Terminate24. Gavin, Jody “ ” Terminate25. Greenauer, Matthew “ ” Terminate26. Griffin, Brighid “ ” Terminate27. Haefner, Jessica “ ” Terminate28. Halladay, Nicholas “ ” Terminate29. Henry, Kelly “ ” Terminate30. Henry, Kimberly “ ” Terminate31. Jakubowski, Mark “ ” Terminate32. Josiura, Erin Faye “ ” Terminate

33. Kiser, Kristina “ ” Terminate34. Kloth, Jennifer “ ” Terminate35. Kull, Joseph B7310(320) 08/25/2003 Terminate36. Kumiega, Renee “ ” Terminate37. Kurczewski, Jeff “ ” Terminate38. Lantzy, Emily “ ” Terminate39. Lardo, Jennifer “ ” Terminate40. Larson, Andrea “ ” Terminate41. Lederman, Susanne “ ” Terminate42. LoVullo, Megan “ ” Terminate43. Meyer, Megan “ ” Terminate44. Michalek, Jennifer “ ” Terminate45. Michalek, Mary Kathleen “ ” Terminate46. Motz, Amy “ ” Terminate47. Nelson, Gay Lynn “ ” Terminate48. Nelson, Shay “ ” Terminate49. Newton, Kelly “ ” Terminate50. Nicholas, Lisa “ ” Terminate51. Orcutt, Kimberly “ ” Terminate52. Pasquale, Lori “ ” Terminate53. Pasquarella, Michael “ ” Terminate54. Poliseno, Jessica “ ” Terminate55. Portka, Meghan “ ” Terminate56. Prucnal, Kathryn “ ” Terminate57. Redmond, Rebecca “ ” Terminate58. Rice, Brady “ ” Terminate59. Riggs, Jonathan “ ” Terminate60. Ryan, James “ ” Terminate61. Ryan, Wendy “ ” Terminate62. Sabatini, Jeffery “ ” Terminate63. Saunders, Katie “ ” Terminate64. Schulz, Elizabeth “ ” Terminate65. Schulz, Susan “ ” Terminate66. Scime, Sara “ ” Terminate67. Silverman, Scott “ ” Terminate68. Smith, Kevin “ ” Terminate69. Smolarek, Kristin “ ” Terminate70. Springer, Lindsay “ ” Terminate71. Suffoletto, Christopher “ ” Terminate72. Szcur, Celia “ ” Terminate73. Thiry, Donald “ ” Terminate74. Tollar, Kimberly “ ” Terminate75. Urban, Jonathan “ ” Terminate76. Vacanti, Keara “ ” Terminate77. Gallardo, Nicholas “ ” Terminate78. Gallardo, Nicholas “ ” $7.00 P/T79. Biellak, Paul A7265(230) “ Terminate80. Biellak, Paul A7265(230) “ $5.85 P/T

Rec. Attendant81. Revezzo, Adam “ ” Terminate82. Revezzo, Adam “ ” $5.75 P/T83. Hillery, Brian “ ” Terminate84. Shea, Daniel “ ” $7.00 Seas. P/T85. MacNeil, Dylan B7310(320) “ Terminate

86. Ede, Eric A7265(230) 08/25/2003 Terminate87. Ede, Eric A7265(230) “ $6.50 P/T

Rec. Attendant88. Bates, Edward B7310(320) “ Terminate89. Bates, Edward A7180(215) “ $7.75 P/T

Rec. Attendant90. Gibson, Michael ER7251(225) ” Terminate91. McFeely, Maria “ ” Terminate92. Pokigo, Matthew “ ” Terminate93. Sigeti, Andrew “ ” Terminate94. Waklee, Robert “ ” Terminate

95. Gibson, Michael ER7251(225) 08/25/2003 $6.25 P/T Rec. Attendant96. McFeely, Maria “ ” $6.0097. Pokigo, Matthew “ ” $6.25 Reg. Rate

“ ” $7.50 Temp. Rate98. Sigeti, Andrew “ ” $6.5099. Waklee, Robert “ ” $6.40 Reg. Rate

“ ” $7.50 Temp. Rate100. Motz, Lisa B7310(320) 08/17/2003 Terminate101. Motz, Lisa B7310(320) 08/25/2003 $9.25

Rec. Attendant102. Kanaley, Courtney B7310(320) 09/02/2003 Terminate103. Kurht, Tim A7180(215) 09/02/2003 Terminate104. Wicka, Nathan “ ” Terminate105. Zelasko, Shaun “ ” Terminate106. Maher, William “ ” Terminate107. VanRemmen, Greg “ ” Terminate108. Stephenson, Lindsey “ ” Terminate109. Williams, Laura “ ” Terminate110. McLeod, Kelly B7310(320) 08/25/2003 Terminate111. McLeod, Kelly B7310(320) 08/25/2003 $6.85 P/T112. Roorda, Christi A7180(215) 08/25/2003 Terminate113. Roorda, Christi B7310(320) 08/25/2003 $6.75 P/T

Rec. Attendant114. Slowik, Joel A7180(215) 08/25/2003 Terminate115. Slowik, Joel B7310(320) 08/25/2003 $6.50 P/T

Rec. Attendant116. Reynolds, Brigit A7180(215) 08/25/2003 Terminate117. Reynolds, Brigit B7310(320) 08/25/2003 $8.50 P/T

Rec. Attendant118. Benfanti, Heidi B7310(320) 09/08/2003 Terminate119. Benfanti, Heidi B7310(320) 09/08/2003 $9.25 P/T

Rec. Attendant


Noes: NoneCarried

XX.RESOLVED, that the Town Board approve the refund of the subdivision fee of $325.00 toDonald Eichler of 6711 East Eden Road as they are just rearranging lot lines from Account B-2115.

Moved: Cavalcoli Seconded: QuatrocheRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

XXI.RESOLVED, that the Town Board approve the hiring and termination of personnel for the TaxDepartment as follows:

1. Hazel DiMarco Tax Clerk P/T 09/02/2003 Terminate2. Hazel DiMarco Tax Clerk Seasonal 09/02/2003 $11.083. Sharon Kellerman Tax Clerk P/T 09/02/2003 Terminate4. Sharon Kellerman Tax Clerk Seasonal 09/02/2003 $9.745. Deborah Bolt Rhoads Tax Clerk Seasonal 09/02/2003 $9.03


Noes: NoneCarried

XXII.RESOLVED, that the Town Board approve the Out-of-Town Travel Request of Paula Jo Bucciand Robert Loomis to travel to Erie County CCE, East Aurora, N.Y. on September 9, 2003 toattend a seminar on important retirement issues for employers. The total cost is $50.00 andfunds are available in A1430.492.


Noes: NoneCarried

XXIII.BE IT RESOLVED, that the report on the acceptance of the BERKLEY SQUARESUBDIVISION PT. 9 Street Lighting installed under Public Improvement Permit No. 750 bereceived and that the Supervisor is authorized to sign the report;

BE IT FURTHER RESOLVED, that the Town Board authorizes New York State Electric &Gas (NYSE&G) to connect three (3) 50 watt high pressure sodium luminaries located on TisburyLane in accordance with Rate 2 of the P.S.C. Tariff. In that the poles and fixtures are of a non-standard decorative type, any repair or maintenance that the Town or NYSE&G require for thepoles and fixtures have been agreed to be paid for by the Berkley Square HomeownersAssociation. Should the Homeowners Association not act in a timely manner, the Town mayremove or replace all or any equipment with a standard type at its discretion; and

BE IT FURTHER RESOLVED, that a certified copy of the resolution be sent to NYSE&G andthe Engineering Department, and that this resolution becomes effective on the day the report issigned by the Supervisor.

Moved: Hochul Seconded: QuatrocheRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

Jerry Wojack, Grafton Ave., questions if the homeowners association doesn’t act in a timelymanner who will pay to have the equipment removed and replaced. Supervisor Hoak respondsthat this would be taken care of by NYSEG. Mr. Kapsiak comments that this is just one phase ofBerkley Square, there have been other phases and they have not had a problem in the past.

XXIV.WHEREAS, the Town of Hamburg has recently submitted Water Supply Permit Applications tothe New York State Department of Environmental Conservation (NYSDEC) for extensions ofthe Knab-Lilydale-Benz and Southtown Water Districts; and

WHEREAS, NYSDEC has informed the Town that a Town Board authorizing resolution isnecessary as part of the permit application requirements,

BE IT THEREFORE RESOLVED, that the Town Supervisor is authorized to sign and submitthe permit applications to NYSDEC.

BE IT FURTHER RESOLVED, that the Town Board hereby adopts the Water ConservationProgram of the Erie County Water Authority, which is in accordance with the NYSDEC WaterConservation Program form and manual, for the extensions of the Knab-Lilydale-Benz andSouthtown Water Districts.

BE IT FURTHER RESOLVED, that the Town Board hereby authorizes the Town Supervisorto sign and submit all future NYSDEC water supply permit applications, and adopts the WaterConservation Program of the Erie County Water Authority for all future Town water districtsand extensions.

BE IT FURTHER RESOLVED, that two certified copies of this resolution be provided to theEngineering Department for transmittal to NYSDEC.


Noes: NoneCarried

XXV.RESOLVED, that the Town Board approve the membership of the following into the LakeShore Volunteer Fire Company, Inc.:

Dennis Shultz4281 St. Francis Drive Apt. BHamburg, N.Y. 14075

Moved: Kesner Seconded: QuatrocheRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

XXVI.RESOLVED, that the Town Board create the following part time and seasonal positions inaccordance with Erie County Civil Service:

Part Time Laborers -33Seasonal Part time Laborers - 113

Part Time Recreation Attendants - 60Seasonal Part Time Recreation Attendants - 170

Part Time Lifeguards - 8Seasonal Part Time Lifeguards - 22

Part Time Clerks - 5Seasonal Part Time Clerks - 5

Part Time Tax Clerks - 3Seasonal Part Time Tax Clerks - 3

The job descriptions for the above positions have been approved by the appropriate departmentheads. Their creation is at the mandate of the Erie County Civil Service Office.


Noes: NoneCarried

Mr. Spute comments that these are not new positions it is just something mandated by the ErieCounty Civil Service.

XXVII.WHEREAS, the New York State and Local Retirement System has mandated that the Townretirement reports be electronically submitted. They would like authorization to debit the fundsdue with the retirement from the Town’s designated bank account through an electronic fundtransfer.

BE IT RESOLVED, that the Town Board grant approval for the Supervisor to sign theauthorization to do this.


Noes: NoneCarried

XXVIII.BE IT RESOLVED, that the Town Clerk be authorized to advertise for a public hearing onLocal Law Enforcement Block Grant Program - LLEBG 2003 for the Town of Hamburg PoliceDepartment. The hearing is to be scheduled for October 27, 2003 at 7:00 p.m. local time.


Noes: NoneCarried

XXIX.RESOLVED, that the Town Board approve the hiring and termination of personnel for theRecreation Department as follows:

1. Voltz, Cathy B7310(320) 09/05/2003 $6.502. Williams, Melissa A7270(238) 09/18/2003 Terminate3. Williams, Melissa B7310(320) 09/18/2003 $7.50

Rec. Attendant4. Giacomini, Matthew B7310(320) 09/18/2003 Terminate5. Giacomini, Matthew B7310(320) 09/18/2003 $6.00

Rec. Attendant6. Domanowski, Matthew B7310(320) 09/18/2003 Terminate7. Haggerty, Ryan “ ” Terminate8. Revezzo, Adam “ ” Terminate9. Hillery, Brian “ ” Terminate10. Bermingham, James A7180(215) 09/22/2003 Terminate11. Bermingham, James A7180(215) 09/22/2003 $8.75

Rec. Attendant12. Thiry, Donald B7310(320) 09/08/2003 $7.35

Rec. Attendant


Noes: NoneCarried

XXX.WHEREAS, in compliance with the guidelines for 6NYCRR Part 617 pertaining to Article 8(State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law, theTown of Hamburg has prepared a Full Environmental Assessment Form (EAF) for theconstruction of an Industrial Access Road between Lake Avenue and Milestrip Road,

THEREFORE BE IT RESOLVED, that the Town Board, as Lead Agency for this UnlistedAction, has determined that the project is not anticipated to result in any significant adverseimpacts on the environment, and that a Negative Declaration is therefore issued, based on thefollowing:

(1) The road is part of an overall plan for creating a highway network which is intendedto reduce truck traffic and related congestion in the Woodlawn and Blasdell areas. Itwill provide a direct route for improving truck access between area industries andthe Route 179 Milestrip Expressway.

(2) Impacts to the area of the project will be minor and only short-term during theconstruction activities. No substantial adverse changes in existing air quality, waterquality, fish and wildlife, solid waste production, traffic patterns, or noise levels areanticipated as a result of this action.

(3) No significant adverse effects on aesthetics, agricultural, archaeological, historic, orother natural or cultural resources are expected.

(4) Appropriate sedimentation and erosion control measures will be undertaken duringand after construction, in order to prevent soil erosion, loss of embankments, andsiltation into area drainage systems and Rush Creek.

BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to sign theEnvironmental Assessment Form, which includes the determination of no significant adverseenvironmental impacts associated with this project, and that three certified copies of thisresolution be provided to the Engineering Department for transmittal to the New York StateDepartment of Transportation and the Village of Blasdell.

Moved: Cavalcoli Seconded: HoakRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

Bob Reynolds questions if we are getting closer to building this now. Councilman Cavalcolicomments that the bids came in much higher than they expected and they went to AssemblymanSmith to investigate the additional funding that would be needed. They trimmed the project backto stay within the $400,000 multi-model money, that Assemblyman Smith got for the Town, butthere will a shortfall, if they go with the lowest bid that they have. They are investigating wherethey can get the money before they go ahead with this. Bob comments that the reason he askedis that they are dealing with a lot of truck problems with the coils at the Ford Plant. CouncilmanCavalcoli comments that within a couple of weeks he should have a better answer on aconstruction time.

XXXI.RESOLVED, that the Town Board approve the termination of personnel for the B & GDepartment as follows:

1. Bauman, Joseph Seasonal Laborer 08/29/2003 Terminate2. Best, Ben “ 08/20/2003 Terminate3. Coughlin, Mary Catherine “ 08/15/2003 Terminate4. Gibson, Galin “ 08/22/2003 Terminate5. Gorman, Jared “ 08/15/2003 Terminate6. Grep, John “ 08/29/2003 Terminate7. Krause, Jacob “ 08/22/2003 Terminate8. Lalley, Brian “ 08/19/2003 Terminate9. Putman, Allen “ 08/22/2003 Terminate10. Reilly, Colin “ 08/19/2003 Terminate11. Smith, Erik “ 08/14/2002 Terminate12. Puleo, Sherri Seasonal Clerk Typist 08/29/2003 Terminate13. Malysza, Timothy Seasonal Laborer 08/22/2003 Terminate


Noes: NoneCarried

XXXII.RESOLVED, that the Town Board accept the low bid of Jameson Roofing to replace the TownHall Roof at a cost of $156,562.00

Bids received:

Salems Roofing Inc $226,218.00Grove Roofing $189,600.00Jameson Roofing Co Inc $156,562.00

Funds are available in H70-1620.303.


Noes: NoneCarried

Councilman Quatroche thanks Mr. Connolly for all his work on this.

XXXVI.WHEREAS, the Town Board of the Town of Hamburg held a public hearing on July 14, 2003,for the purpose of reviewing the application from Adelphia Cable Communication for therenewal of their cable franchise agreement with the Town of Hamburg,

NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg enter into an agreementwith Adelphia Cable Communications. The terms of the franchise agreement shall be for a termof ten (10) years from the date of approval of the agreement by the New York State PublicService Commission or the expiration of the current franchise, whichever is later.

BE IT FURTHER RESOLVED, that the Supervisor is authorized to sign the contract on behalfof the Town.

Moved: Hoak Seconded: HochulRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

Councilwoman Hochul thanks Mr. Boehm for all his work negotiating with Adelphia, that wasno small task, and his involvement representing the Town was appreciated.

XXXVII.RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows:

VOUCHER #’SOPERATING FUND:

BATCH #102 $ 259,429.17 905594 - 905690BATCH #103 $1,407,802.70 905794 - 905796BATCH #104 $ 348,088.71 905695 - 905793BATCH #105 $ 42,647.11 905798 - 905898BATCH #106 $ 311.10 905901BATCH #107 $ 73,843.76 905902 - 905903BATCH #108 $ 6,968.27 905033 - 905048BATCH #109 $ 190,767.75 905905 - 906032BATCH #110 $1,200,000.00 906050 - 906051BATCH #111 $ 674,943.57 906052 - 906222BATCH #112 $ 610,770.81 906224 - 906225BATCH #113 $ 148,207.49 906226 - 906283BATCH #114 $ 140,000.00 906285 - 906286BATCH #115 $ 121,467.23 906287 - 906399BATCH #116 $ 163,464.94 UNPROCESSED

PRTRN # P/R 17 $ 562,464.44 905904PRTRN # P/R 18 $ 564,405.63 906284

TOTAL OPERATING FUND DISBURSEMENTS: $6,515,582.68

TRUST & AGENCY:

BATCH #43 $ 19,533.44 560329 - 560341BATCH #44 $ 547,813.87 560342 - 560345BATCH #45 $ 201,270.43 560346BATCH #46 $ 10,562.11 560347 - 560363BATCH #47 $ 549,569.71 560364 - 560368BATCH #48 $ 14,363.75 560370 - 560371

TOTAL TRUST & AGENCY DISBURSEMENTS: $1,343,113.31

CAPITAL FUND DISBURSEMENTS:

BATCH #57 $ 74,701.49 710324 - 710329BATCH #58 $ 325,000.00 710330BATCH #59 $ 23,265.58 710331 - 710337BATCH #60 $ 41,621.71 710338 - 710349BATCH #61 $ 400,000.00 710350BATCH #62 $ 162,906.67 710351 - 710358BATCH #63 $ 275,000.00 710359BATCH #64 $ 8,158.42 710360 - 710368BATCH #65 $ 45,630.42 710369 - 710374

TOTAL CAPITAL FUND DISBURSEMENTS: $1,356,284.29

PAYROLL:

P/R 17 $ 522,827.65P/R 18 $ 524,739.87

TOTAL PAYROLL DISBURSEMENTS: $1,047,567.52

PETTY CASH: $ 117.93

TOTAL PETTY CASH DISBURSEMENTS: $ 117.93

TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $10,262,665.73


Noes: NoneCarried

XXXVIII.BE IT RESOLVED, that on Thursday, September 11, 2003 D.A.R.E. Officers Reid, Fraser,Kleinfelder and Dienes be permitted to travel to Monroe Community College (Rochester Area)to complete the final phase of advanced training in the D.A.R.E. Elementary & Middle SchoolCurriculum. Training is mandated by D.A.R.E. America and N.Y.S. Department of CriminalJustice/D.A.R.E. Unit. There is no charge for the course and Town vehicles are available. Misc.Travel (tolls, fuel, etc.) funds are available in A4212.497.


Noes: NoneCarried

Councilman Cavalcoli comments that the next resolution is to replace a position on the PlanningBoard. He received a letter of resignation from Don Fitzpatrick who has been on the PlanningBoard for about 12 years. He served with great dignity, enthusiasm and he has given a lot to thePlanning Board. Unfortunately, because of his health he needs to resign from his position. It iswith sadness that he accepts his resignation and offers the following resolution.

XXXIX.RESOLVED, that the Town Board accept the resignation of Donald Fitzpatrick, as his healthwill not permit him to continue on the Planning Board, and

BE IT FURTHER RESOLVED, that the Town Board appoint Steven McCabe of S-5282Lakeshore Road, Lake View, New York to complete the term through 12-31-2005, effectiveimmediately.

Moved: Cavalcoli Seconded: KesnerRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

XL.WHEREAS, the Town Board has previously resolved that the County of Erie conduct a trafficengineering study to determine if traffic signal warrants, from the New York State Manual ofUniform Traffic Control Devices, are met at the intersection of Legion Drive/Division Street;and

WHEREAS, the intersection of Legion Drive and Division Street was considered a candidateproject for funding qualifications under the Federal Congestion Mitigation Air Quality (CMAQ)Program; and

WHEREAS, a signalized traffic control device at an intersection must be warranted and providean air quality improvement through delay reduction to qualify for CMAQ funding; and

WHEREAS, the traffic engineering study conducted by the County of Erie revealed that a trafficsignal at the intersection of Legion Drive/Division Street is not warranted by existing trafficvolumes and increased delay, therefore disqualified any application of CMAQ funding.

NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg requests that the Countyof Erie permit a pedestrian activated signalized control device at the intersection of LegionDrive/Division Street, to be funded on an equal formula between the Town of Hamburg, theVillage of Hamburg and the County of Erie through County Legislator Jeanne Chase andmaintained by the Town of Hamburg constituting municipal obligation on a County Highwaysuch as Legion Drive. Certified copies of this resolution are to be forwarded to the Village ofHamburg, Erie County Highway Department and Erie County Legislator Jeanne Chase.

Moved: Hochul Seconded: UnanimousRoll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche

Noes: NoneCarried

Councilwoman Hochul comments that this has been going on so long, it started when she had achild in grade school and now she is in High School. It has been a lot of years of dangerouscrossings at this intersection. For a number of years they have been delayed because they werehoping for the County to fund this under the CMAQ. When they received word that it was noteligible the option was to do nothing or come up with funding. They had a meeting and decidedto share this equally. Given that the County does not fund signals on County Roads, they feelthat this is the best option for the safety of not only the kids who cross, but also the buses andparents. They believe that a pedestrian activated signal is the right solution, they want tomaintain the flow of traffic on Legion, particularly when they have the reconstruction to line upLegion with Clark Street, they want to make sure there are no delays. There are key timesduring the day, morning and school dismissal time, that it is critical for kids to cross the streetsafely. She is working with the County Highway Department and Jeanne Chase to findequipment that is not brand new and the cost will be split three ways.

Joe Kilian asks if there is any way to fund a round-about there. Councilwoman Hochulcomments that she is not convinced that a round-about is the safest way to cross. Joe Kiliandisagrees. She then comments that she has studied round-abouts and this has not been proposedby the school district and it is also a County Road.

Correspondence

Letter #109 - Supervisor Hoak comments that this is from Elizabeth Breindel who submittedpetitions to upgrade a playground and he asks that Mr. Denecke and Mr. Connolly get together todiscuss this for the Budget of 2004.

Elizabeth Breindel is present and comments that she is one of many parents in that area that arevery concerned about the equipment at that playground. Supervisor Hoak comments that hertiming is good and this should be a priority for the 2004 Budget. Councilman Quatroche thanksElizabeth, 240 signatures is no small feat. Thank you for bringing it forward in this manner. Elizabeth comments that she submitted pictures as well. She comments that Mr. Denecke hasbeen a great help already. Supervisor Hoak comments that the Town has invested hundreds ofthousands of dollars in the playgrounds and they get cyclical use. At one time, Osborne -Sagamore was a thriving activity of recreation and then as the kids grew up it wasn’t popularanymore. Now we are on a new upswing and it is time to re-invest. Elizabeth comments that theparents need to know what direction they should go in and if the Town needs help with this.

Letter #110 - Supervisor Hoak comments that it is really nice to get a letter like this. It is fromElderwood Senior Care commenting on how wonderful our Senior Van Service is. We are thelargest Van service in Erie County and we are very proud of this.

Letter #111 - Supervisor Hoak comments that this is complementing the Town and CommunityDevelopment Department on their 2002 Program year and this is also nice to hear.

Letter #112 - Supervisor Hoak comments that this is from Victor Tomasulo thanking the Townfor erecting a safety fence around the Burke Road playground. This took a while, but specialkudos go to Marty Denecke and Jim Connolly for bringing this together. Thanks also toCouncilman Quatroche.

Letter #117 - Supervisor Hoak comments that this is from Jim Banko complementing the golfcourse. Councilman Quatroche commends Mr. Denecke and staff stating that this is the firstyear that he didn’t receive any complaint calls. Mr. Denecke really trained his staff well and heshould be commended on that as well.

Letter #118 - Supervisor Hoak comments that this is from John Wicka thanking CouncilwomanKesner and the Town Board for sponsoring the firefighters golf outing. He also mentions thetax credit for volunteer firefighters that Councilwoman Kesner spear-headed which was apleasure for the entire Board to support. We are so fortunate to have all these volunteers.

Letter 119 - Supervisor Hoak comments this is from the GASB concerning the implementationof their statement and he and Mr. Spute had a Budget meeting on Thursday at the Sheraton withall the other Supervisor’s throughout Western New York and we are definitely the only town inthe County to complete the GASB Statement and possibly the only Town in the State of NewYork to complete it. Every asset in the Town had to be accounted for , Mr. Kapsiak and Mr.Connolly were also involved in this, we completed this one year in advance. This is veryunusual for them to send out a letter like this stating that they are extremely pleased andimpressed on the Town’s ability to produce this in such a timely fashion. Great job thanks toMr. Spute , Mr. Brown and Ms. Dosch.

Late Correspondence

120A - To the Town Board from Nancy & Robert Wood, 5823 Shoreham Dr., bringing to theirattention a dangerous situation at the corner of Pinehurst Ct. and Shoreham Dr. concerning afence and logs adjacent to the fence that are too close to the pavement and in violation to theTown Building Codes. Supervisor Hoak comments that Building Inspection and Highway havebeen copied on this. He asks that this be looked into. Councilman Quatroche comments thatthey are continuing to work on this.

Reports From Town Board Members and Department Heads

Councilman Cavalcoli comments that residents of Stilwell and Rogers Road should be madeaware that construction will begin on September 15th to deal with the drainage and sewer issuesin that area. Mr. Kapsiak sent a letter notifying them of this. He also asked Mr. Kapsiak to givea brief update on the various projects that will be underway shortly.

Mr. Kapsiak comments that the sewer replacement project he mentioned is 3100 feet along Stilwell and about 1100 along Rogers Road which is replacing a defective portion of the sewersystem that had resulted in sewer back-ups into peoples basements and problems that they don’tlike to have. The construction is scheduled to begin on September 15th and be complete by theend of November. We also have the Highland Acres sewer extension and the Big Tree andSouth Park sewer which has been going on since early July and is scheduled to be completed bymid November. The Engle Drive sewer extension project, the plans and specs were completedand submitted to the State for their review in late July, he talked to them last week and they saidthey anticipate getting review comments to them soon. Hopefully they can respond to themquickly and get it out to bid. They are shooting for construction before the end of the year, but ifit does drag on they will start next spring. They are also doing sewer system studies, at therequest of the NYSDEC, they are in the process of performing the studies through flowmonitoring, televising, smoke testing, dye testing and manhole inspections to identify thesources of water leakage into the sewer system. This is in accordance with the 5 year plan thatthe Town has developed, these areas include those which are tributary to the Blasdell TreatmentPlant downstream of the Highland Acres area and in the Windom area of the Town.

We also have a sewer extension project planned for the South Park and Bayview Road withinthe Hamburg Master District, plans and specs for that were completed and submitted for Countyand State review in March. However, the State DEC is holding up the approval until thedownstream sewer study is completed, which is around April of next year. At that time they willgo out to bid on that project which will service about 20 homes in that area.

Councilman Cavalcoli comments that the report was helpful to everyone, when you drive downSouth Park and see all the sewer work going on and other places throughout the Town.

Councilwoman Kesner thanks Mr. Denecke and staff for making the golf outing for the volunteerfirefighters a huge success. There were seventeen teams that participated. She also wants tothank her colleagues on the Board, Mr. Connolly, Cathy Rybczynski for contributing for thebarbeque afterwards. She is going to call an EMS meeting of the old Town EMS committeealong with the EMS captains and chiefs to sit down and assess the delivery of their service. Everything seems to be going along great, they review the reports monthly and there is noproblem, it is just that the contract is up every year and she feels it is good business to cometogether at the table to see if they can strengthen that partnership. They will be calling thatmeeting in about 2 weeks.

Councilwoman Hochul reports that she would like to invite the public to a meeting on theWanakah Water Works building in Room 7 on Wednesday. This will be a loose, brainstormingsession, and she went looking for creative, positive people who have ideas to work with themand develop. There is a member of the Board of Trustees for the Seaway Trail who lives inHamburg who is offering his services to them. She is planning a road trip up to Sacketts Harborto see what they have at the Northern Seaway Trail Visitors Center. The funding is finally inplace, construction is starting shortly and we are hoping to have a really special facility startingnext summer. Now we need involvement to help us promote our regional assets, they have a lotof ideas and they need to pull this together.

Councilman Quatroche comments that the LWRP will be done at the end of the month and theywill be having a Shoreline Revitalization Committee meeting to look at that document and bringit to the Board for final approval. In conjunction with that announcement, Norm Masse hasstepped down as the Chairman of the Revitalization Committee and Larry Gobado has takenover that position and he welcomes his leadership on that Board. He has a lot of creative ideas and alot of energy. Mr. Kapsiak and other town officials have been busy with the County looking atOld Lakeshore Road, there are some problems and dangerous situations and he thanks Mr.Kapsiak for his time. Hopefully the County will be moving very shortly with regard tocorrecting those immediate problems and in the long term we will need to look at some fundingfor a permanent solution. Mr. Kapsiak responds that, on Old Lakeshore Road, the County hasinstalled 3700 feet of new guard rail between Truscott Terrace and Lakeview Terrace.

Supervisor Hoak announces that tomorrow is Primary Day. Thursday is remembrance day for 9-11. Rick Adamczak of the Hamburg Sun is moving to Baltimore and he asks for a round ofapplause and wishes him well. Councilwoman Hochul adds that Rick’s advocacy for issue hasreally helped us, whether it was Route 20 or Route 5, whatever they were working on, hiseditorial support or his coverage was just great. He not only covered for the community he waspart of the community. He always put Hamburg in a positive light. He will be sorely missed.

Catherine Rybczynski, Town Clerk, comments that her office has been selling conservationlicenses for the past couple of weeks and she is pleased to say that all the bugs are out of theDECALS system and everything is going along smoothly. August was the first month that weprocessed passport applications and she is pleased to say that we sold 20 passports which is$600.00 of brand new revenue coming into the Town.

Mr. Denecke announces that the Hamburg Town Arena will open for ice activities on MondaySeptember 22nd. This year they are forming a partnership with Skate Great Inc. For the Learn toSkate Program, they have highly qualified instructors and will allow them to serve morefamilies. They will celebrate the one year anniversary of our Skate Park on Friday September19th. All the Skate Boarders, BMX bikers and rollerbladers are welcome to join them for musicand refreshments and a demonstration by the phat man skate team.

Mr. Connolly comments on the power outage in the Northeast. He wants to point out, in light ofthe cooperative effort with the County and State, a few years ago we got funding from LegislatorKuwik that allowed him to go out and retrofit all the Street Lights in the Town so that you couldstep up to it with a small generator and plug it in. This would allow them to restore serviceimmediately. He never thought we would need it for every light in the Town. We will have torefine this process as to how to handle it, but the Police and Dispatch did a great job as toassigning people from B & G, Highway and the volunteer firemen. He wants to congratulate thePolice and Dispatch on how they handled this. Councilwoman Kesner comments that she talkedto a couple of the fire chiefs and they really were pleased with that operation and said they didn’tknow how they would have handled that long time frame of the power outage without thatassistance. He also congratulates Rick on his successful career at the Hamburg Sun. He reallyraised the level of professionalism. He did a great job and he will be missed. CouncilmanCavalcoli comments that, during that power outage, he called into emergency dispatch and theywere very busy so he stopped in and it was running very smoothly and he drove through theTown and everything was going along great. He drove through other communities and therewasn’t the level of efficiency. He was very proud to know that our Town rose to the occasion. He cannot stress enough the importance of our volunteer firefighters, auxiliary police and policeofficers.

Business From the Floor

Joe Kilian, Coalition of Lakeshore Taxpayers, comments that there is a bush that needs trimmingas you pull out of Wilson Farms looking towards Cloverbank. Then, across from Lake ShoreFire Department is property that goes down to the lake, is that Town property. Mr. Allenresponds that it is Town property. Joe questions if that is still being looked at as an overlookpark. Councilwoman Kesner comments that they are looking at it as a sight. Joe comments thatthey planted twenty trees there and in another five years you won’t be able to see anything. Councilwoman Kesner comments that they are looking at two or three other sights that wouldhave priority over that sight, but if they don’t work out then they will look at that. The trees mayhave been planted for erosion. Then Joe comments that the lease for the play field betweenFerndale and Orchard across from the Frontier Administration Building is up this year. Mr.Boehm comments that he will take a look at that. Joe comments that there are 83 homes beingput in on Rogers Road, what sewer district will that be put in. Mr. Kapsiak Cavalcoli respondsthe Hamburg Master Sewer District. Joe comments his last question is how do they plan onfunding the proposed waterline on Route 5. Mr. Kapsiak responds through a 20 year bond.

XLI.RESOLVED, that the Town Board adjourn to Executive Session at 9:05 p.m. with Legal,Finance, Police, Engineering and Highway.


Noes: NoneCarried

_____________________________Catherine Rybczynski, Town Clerk

Correspondence - September 8, 2003

108 - To Supervisor Hoak from the Town Clerk’s Office, the Monthly Report for August withreceipts totaling $93,330.34.109 - To Supervisor Hoak from Elizabeth Breindel, Osborne Heights Parents Club, petitions toimprove the quality and safety of the Osborne Playground with 240 signatures (picturesincluded).110 - To John Farrell, Director of Senior Services, from Michael Murphy, Elderwood SeniorCare, thanking the Town for providing Van service to their elderly residents. The vans areimpeccably clean and the drivers are courteous and respectful. This is a unique program andthey believe the money is well spent and feel fortunate to have this service available.111 - To Supervisor Hoak from the US Department of Housing and Urban Developmentcongratulating the Town on the accomplishments of Community Development Departmentalobjectives during the 2002 Program Year. Also thanking the Town for submitting its CAPER ina timely manner.112 - To Supervisor Hoak from Victor Tomasulo thanking all the people involved in erecting asafety fence for him and his neighbors on Burke Road. Commending the Town Board and MartyDenecke of the Recreation Department.113 - To Cathy Rybczynski from Lake View Community Association thanking her forsponsoring their Field Day 5K Race/Family Walk on July 26th.114 - To Catherine Rybczynski from Adelphia informing the Town of Channel Changes that willoccur on September 20th in preparation of new enhancements to their digital offering coming byyear end.115 - To Catherine Rybczynski from William Ferguson, Village of Hamburg, notifying theTown of a public hearing to be held on August 26th for a Special Permit to permit propanestorage and distribution at the Hamburg Car Wash, 4266 Clark Street.116 - To Catherine Rybczynski from Barbara Brennan, Immaculata Academy, thanking her andthe Town for cooperation extended to their school in their efforts to have the ImmaculataAcademy street light banners which are now on display. Thanking Cathy for her leadership andtimeliness.117 - To Marty Denecke, Recreation Department , from Jim Banko, 4542 Deerfield Road,complementing him and his staff on the fine job at the Hamburg Golf Course this year. Alsocommenting that Christine DiOrio, staff member, was always courteous and had a wonderfulsense of humor, thanking her as well.118 - To Councilwoman Kesner from John Wicka thanking her and the Town Board forsponsoring the firefighter’s golf outing on August 25th. All who attended commented on thefund and pleasures of the day. Also thanking the Board for the support on the recent tax creditbenefiting volunteer firefighters in the town. This is a testament to the excellent workingrelationship and respect that the fire departments and board members mutually share.119 - To Supervisor Hoak from Tom Allen, Governmental Accounting Standards Board, statingthat they recently received a copy of the Town of Hamburg comprehensive annual financialreport for fiscal year ended December 31, 2002. The Town’s early implementation of GASBStatement No. 34, is commendable and is a tribute to the director of finance & administrationJames Spute; assistant director of finance Robert Brown; accountant Mary Dosch and theauditors Deloitte & Touche, LLP. They were extremely pleased and impressed by the towns’ability to prepare the new financial statements in such a timely fashion. 120 - To the Town Board from Lake Shore Volunteer Fire Co., stating that at their Augustmeeting they approved Dennis Shultz for active membership. (Prefiled)

Late Correspondence

120A - To the Town Board from Nancy & Robert Wood, 5823 Shoreham Dr., bringing to theirattention a dangerous situation at the corner of Pinehurst Ct. and Shoreham Dr. concerning afence and logs adjacent to the fence that are too close to the pavement and in violation of theTown Building Codes.

Documents

Meeting No. 15 Thomas Quatroche, Jr. Councilman west line of said Lot No. 21; ... more or less to a point in the southeasterly line of Southwestern ... downsize the commercial and