TOWN BOARD MEMBERS PRESENT: Steven J. Walters Supervisor Thomas M. Best, Sr. Councilman

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1 1/14/2008 Work Session Hamburg, New York Page 1 of 8 Supervisor Walters calls the meeting to order at 6:00 p.m. TOWN BOARD MEMBERS PRESENT: Steven J. Walters Supervisor Thomas M. Best, Sr. Councilman Joan A. Kesner Councilwoman Thomas Quatroche, Jr. Councilman Kevin S. Smardz Councilman OTHERS PRESENT: Catherine A. Rybczynski, Town Clerk; Mary Dosch, Sr. Account Clerk; Ken Farrell, Town Attorney; Andrew Reilly, Planning Consultant; Gerald Koenig, Planning Board Chairman; Gerard Kapsiak, Town Engineer; Karen Rogers, Planning Board Member; Peter Reszka, Planning Board Member; Richard Taber, Planning Board Member. 1. On a motion of Councilwoman Kesner, seconded by Councilman Best, the following resolution BE IT RESOLVED, that the Town Board approve travel request of Bob Hutchison, Town Assessor, to attend as a presenter, the Learn From the Experts Seminar sponsored by the Western New York/Ontario International Chapter of the Appraisal Institute on January 25 th, 2008 in Ellicottville, NY. There is no cost to the Town and re-certification credits for appraisal and assessment purposes will be obtained. 2. On a motion of Supervisor Walters, seconded by Councilman Quatroche, the following resolution RESOLVED, that the Town Board approve the request authorizing the Supervisor to sign a contract with Industrial Appraisal Company to do an up to date appraisal of the Town buildings, site improvements, fixed equipment and movable equipment. This is in conjunction with the Government Accounting Standards Board (GASB). The last appraisal done in Cost for this service is $15,000. Money has been budgeted in the 2008 year, in account # A (Actuary & Appraisal) Councilman Best questions what this is for. Supervisor Walters notes it s basically taking a look at all the equipment and what the value is

2 1/14/2008 Work Session Hamburg, New York Page 2 of 8 for insurance purposes. Councilwoman Kesner questions why they chose this company. Mary Dosch, responds that Wayne Dresser did recommend it. They were used in the past and there is a limited number of companies that do this. Ken Farrell notes there are a limited number of appraisers that are capable to do this type of appraisals. They had a meeting of the insurances the other day and one key example is there is a deductible on some of the property insurances of $50,000 for example and have listed a number of properties that are being insured and questions why they are insuring something that is less then the deductible. That s part of the insurance review, there needs to be an appraisal done. 3. On a motion of Councilman Smardz, seconded by Supervisor Walters, the following resolution WHEREAS, the Town of Hamburg received a rezoning application from Susan Ljungberg- Murray to rezone her property located on the west side of Gowanda State Road from RA and C-1 to NC (Neighborhood Commercial) in order to make the property more marketable, and WHEREAS, at its September 19, 2007 meeting the Code Review Committee reviewed the application and found merit in the rezoning of this property, and WHEREAS, the Town Board did refer this request to the Planning Board for its review and recommendation, and WHEREAS, on December 19, 2007 the Hamburg Planning Board did issue a positive recommendation to the Town Board regarding this request; NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board hereby schedules a public hearing to be held on February 11, 2008 at 7:00 p.m. 4.

3 1/14/2008 Work Session Hamburg, New York Page 3 of 8 On a motion of Councilman Best, seconded by Councilwoman Kesner, the following resolution WHEREAS, the residence as located at 4837 Gerber Parkway, has been left in an abandoned state and as the result has become an attractive nuisance to the contiguous neighborhood and the general public. WHEREAS, the Town Code Enforcement Department has provided written notifications and directives to the owner (as listed on the Town Tax Assessment Records) to correct the unsafe conditions associated with the vacated structure, without any response what so ever. WHEREAS, due to the owners lack of compliance and in an effort to render the property safe, the Supervising Code Enforcement Official contracted services to board up the house. This action executed in accordance with Local Law No , Sections 80-5 and 80-6 of the Town of Hamburg. NOW, THEREFORE BE IT RESOLVED, that the Town board approve the payment of $ (Two hundred fifty dollars) to Dan Cappola, General Construction, to provide the necessary emergency enclosures in order to secure the house. BE IT FURTHER RESOLVED, to effectuate payment of such services, that the Town Board increase appropriations to Account A , (Clean up of Properties) through A599 - Appropriated Fund Balance. 5. On a motion of Councilman Best, seconded by Councilwoman Kesner, the following resolution WHEREAS, the Town of Hamburg is a member of the Northeast-Southtowns (NEST) solid Waste Management Board, which is comprised of 37 municipalities located within Erie County that meet bimonthly and work cooperatively with the Erie County Dept. Of Environment and Planning in regionally addressing issues associated with solid te collection, hauling, recycling, and disposal operations, including compliance with associated State mandated regulatory requirements, and WHEREAS, in accordance with the 1993 Joint Municipal Agreement which created the NEST Solid Waste Management Board, each municipality is to annually designate a primary representative and one or more alternates to serve on the NEST Board,

4 1/14/2008 Work Session Hamburg, New York Page 4 of 8 THEREFORE, BE IT RESOLVED, that the Town Board hereby designates the following to serve as the town of Hamburg s representatives on the NEST Board for the year 2008: Primary Representative: Alternate Representatives: Steven J. Walters, Supervisor Gerard M. Kapsiak, Town Engineer James F. Connolly, Highway Superintendent Susan C. Attridge, Town Resident BE IT FURTHER RESOLVED, that the Town Clerk is requested to provide one certified copy of this resolution to the Engineering Department for transmittal to the Erie County Dept. of Environment and Planning. Supervisor Walters questions Mr. Kapsiak if Sue is going to continue of attend the meetings. Mr. Kapsiak responds that she has been attending all the meetings within the past year. They meet every other month. Actually Susan is going to be chairman of the Solid Waste Management Board. 6. On a motion of Councilman Best, seconded by Councilwoman Kesner, the following resolution RESOLVED, that the Town Board approve to increase appropriation A (Assessing- Computer Equipment) through the A599 (Appropriated Fund Balance) in the amount of $13,875. This is the unexpended balance of the Real Property Technology Grant. 7. On a motion of Supervisor Walters, seconded by Councilman Quatroche, the following resolution RESOLVED, that the Town Board approve the appropriation of funds for the Building Inspection Department as follows: From: Contingency Account A $2, To: Seminars A $2,030.00

5 1/14/2008 Work Session Hamburg, New York Page 5 of 8 To fund Niagara Frontier Building Officials annual conference and membership dues. 8. On a motion of Councilman Quatroche, seconded by Supervisor Walters, the following resolution RESOLVED, that the Town Board approve the hiring/termination of two in the Buildings and Grounds Department as follows: 1. LaRosa, Barbara Clerk, P/T 01/28/08 Termination 2. LaRosa, Barbara Clerk, Seasonal 01/22/08 $ Wickett, Thomas Laborer, P/T 12/19/08 $ On a motion of Councilman Quatroche, seconded by Councilwoman Kesner, the following resolution RESOLVED, that the Town Board approve the hiring/termination of sixteen (16) in the Buildings and Grounds Department as follows: 1. Bates, Edward Rec. Att. 01/01/08 $ 9.80 perm P/T 2. Berfield, Christine Rec. Att. 01/01/08 $ 8.50 Perm P/T 3. Bermingham, James Rec. Att. 01/01/08 $10.55 P/T 4. Cleary, Kristin Rec. Att. 01/01/08 $ 8.57 Perm P/T 5. Diplock, Megan Rec. Att. 01/01/08 $ 7.65 Perm P/T 6. Dosch, Amanda Rec. Att. 01/01/08 $ 7.36 Perm P/T 7. Duggan, Kathleen Rec. Att. 01/01/08 $10.59 Seas P/T 8. Feice, Matthew Rec. Att. 01/01/08 $10.07 Perm P/T 9. Kustra, Christopher Rec. Att. 01/01/08 $ 8.39 Perm P/T 10. Mann, Timothy Rec. Att. 01/01/08 $ 7.92 Perm P/T 11. Mindel, William Rec. Att. 01/01/08 $ 8.49 Perm P/T 12. Rodrigue, Natalie Rec. Att. 01/01/08 $ 8.50 Perm P/T 13. Russell, Rebecca Rec. Att. 01/01/08 $ 8.24 Perm P/T 14. Steger, Joseph Rec. Att. 01/01/08 $10.59 P/T 15. White, Timothy Rec. Att. 01/01/08 $10.07 Perm P/T 16. Zdrojewski, Shannon Rec. Att. 01/01/08 $ 9.90 Perm P/T Supervisor Walters notes that he is moving this resolution with the condition that these salaries be verified with the personnel department first.

6 1/14/2008 Work Session Hamburg, New York Page 6 of 8 Councilman Best questions where these names came from whether they are past employees. Councilman Quatroche and Councilwoman Kesner respond that they are repeats. 10. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: TOWN BOARD JANUARY 14,2007 AUDIT OF CASH DISBURSEMENTS VOUCHER #'S OPERATING FUND: 2 $35, $ $4, $148, $168, UNPROCESSED TOTAL OPERATING FUND DISBURSEMENTS: $355, TRUST & AGENCY: AGENCY 1 $18, $619, TOTAL TRUST & AGENCY DISBURSEMENTS: $638, CAPITAL FUND DISBURSEMENTS: $8, UNPROCESSED TOTAL CAPITAL FUND DISBURSEMENTS: $8,267.18

7 1/14/2008 Work Session Hamburg, New York Page 7 of 8 PAYROLL: PR # 1 $595, PR # TOTAL PAYROLL DISBURSEMENTS: $595, PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $1,598, Drew Reilly gives a quick introduction that the Town Board completed SEQR and rezoned the property. It conditional on the approval of the architecture of the building. At the time it said the architecture of the building n t acceptable. Jay Pohlman, Esq. notes that the last two weeks were spent sorting through the pictures and site plans and elevations. They have come up with a plan for the Town s input. There will be a detention pond and around that will be a split rail fence with a second fence that will keep animals out. The different locations where the pictures were taken from were from Guilford, New Hampshire, Brockport, NY and Clay, New York (not built yet, so there n t a picture). The Clay, NY one works for a number of different reasons such as, the no box look, no Orchard Park look but does have the brick look and matched everything else they were trying to do to meet the input received from the Town Board and Planning Board members. What you will see from Southwestern is the brick look. Councilwoman Kesner notes that the Board didn t like the Box look of the Orchard Park store. Ron Bronstein of Morada Bay Associates notes that it will be set back 1000 feet from the road. Jay Pohlman states that the bricks will be autumn themed colored bricks on the building. The fencing you can either see through it or it won t catch your eye versus the chain like look. Karen Rogers notes she doesn t like the garden center look. Mr. Pohlman notes that the fence will be a tubular fence with black vinyl coating and chainlink behind it in the back. You will see the wrought iron look first. Drew Reilly notes it is better with the Planning Board and Town Board together giving some direction for this project. So far it seems like the wrought iron look fencing is the favorable one. Councilwoman Kesner notes that the medical building on Camp Rd. has a nice look to it.

8 1/14/2008 Work Session Hamburg, New York Page 8 of 8 Mr. Reilly notes that they will take a look at that building. Taylor McDermott, Lowe s site development manager notes that putting the materials aside, in terms of what you see when you look at the buildings and the way it is broken up with the different sections they were trying to address what the Town Board had asked be done. Councilwoman Kesner notes that if it could be tied together with the look of the building on Camp Rd. it would start to pull everything together. Jay Pohlman notes they will get a picture of that building and send it along. He also notes that this will cost a lot more than the Orchard Park store. Jay does a quick recap of the opinions discussed. Taylor McDermott notes that all of this will be done, as much as possible, locally. Mr. Reilly questions if this will take a week or two to put together the example and the Hamburg rendering for the Town Board. Drew Reilly notes that they will only approve the Lowe s special use permit and site plan. They are subdividing bringing off the front parcel as one piece. 11. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board move into Executive Session on a Personnel and Legal Matter at 6:40 p.m. 12. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board close Executive Session at 9:30 p.m. Catherine A. Rybczynski, Town Clerk