2. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following resolution was ADOPTED Ayes 3 Walters, Collins, Ziegler Noes 0

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1 06/24/2013 Town Board Meeting Hamburg, New York 1 A regular Town Board meeting of the Town of Hamburg, County of Erie and State of New York was held at the Town Hall, 6100 South Park Avenue, Hamburg, New York on the 24th day of June RESOLVED, that the Town Board adjourn Executive Session at 7:00 pm and move into the regular meeting. ROLL CALL: Steven J. Walters Supervisor Joseph A. Collins Councilman Amy J. Ziegler Councilwoman ALSO PRESENT: Catherine Rybczynski, Town Clerk; Mary Dosch, Sr. Account Clerk; Kenneth Farrell, Town Attorney; Gerald Kapsiak, Town Engineer; Michael Williams, Chief of Police; Martin Denecke, Director of Youth, Recreation & Senior Services; Sarah dejardins, Planning Consultant; Rick Krautsack, Deputy Highway Superintendent; Kurt Allen, Supervising Code Enforcement Officer; Jerry Giglio, Traffic Safety Consultant The Pledge of Allegiance was recited. Information on location of Fire exits was provided. 3. RESOLVED, that the Town Board approve the minutes of the following meeting: 06/10/2013 Work Session 06/10/2013 Town Board Meeting 06/10/2013 Executive Session

2 06/24/2013 Town Board Meeting Hamburg, New York 2 4. RESOLVED, that the Town Board authorize Supervisor Walters and Mary Dosch to review and release checks from 06/25/2013 through 09/06/2013 due to the reduced Town Board Meeting Schedule. 5. RESOLVED, that the Town Board approve the termination and rehiring of personnel for the Police Department as follows: 1. Demske, Jacquelyn Crossing guard 07/01/2013 Terminate 2. Demske, Jacquelyn Clerk P/T Seas. 07/08/2013 $ On a motion of Supervisor Walters, seconded by Councilman Collins, the following resolution was RESOLVED, that the Town Board approve the membership of the following into the Scranton Volunteer Fire Company, Inc.: Paul Haberman Michael Willard 5999 South Park Ave Nottingham Terrace Hamburg, N.Y Hamburg, N.Y

3 06/24/2013 Town Board Meeting Hamburg, New York 3 BE IT RESOLVED, upon recommendation of the Traffic Safety Advisory Board that R1-1C Stop Sign(s) be erected and maintained by the Buildings and Grounds Department in accordance with the New York State Manual of Traffic Control Devices at the following locations: On Meadow its intersection with Holly Place. On Shamrock its intersection with Holly Place. 6. On a motion of Supervisor Walters, seconded by Councilman Collins, the following resolution was RESOLVED, that the Town Board approve the retirement of the following in the Legal Department: 1. McLeod, Marie Clerk P/T 06/07/2013 Retire 7. RESOLVED, that the Town Board authorize the Recreation Department to issue alcohol waivers for the following July 2013 Taylor Road rentals: 7/04/13 7/05/13 7/06/13 7/07/13 7/08/13 7/11/13 7/12/13 7/13/13 7/14/13 7/19/13 7/20/13 7/21/13 7/24/13 7/25/13 7/26/13 7/27/13 7/28/13 8.

4 06/24/2013 Town Board Meeting Hamburg, New York 4 RESOLVED, that the Town Board approve the hiring and rehiring of personnel for the Youth, Recreation and Senior Services Department as follows: 1. Aroune, Ellen Rec. Attd. Seas. (A7310) 06/14/2013 $ Hietanan, Christopher Rec. Attd. Seas. (A7310) 06/14/2013 $ Hoffman, Paul Rec. Attd. Seas. (A7310) 06/14/2013 $ McDermott, Morgan Rec. Attd. Seas. (A7310) 06/14/2013 $ Naughton, Connor Rec. Attd. Seas. (EW7251) 06/03/2013 $ Picciano, Ronald Rec. Attd. Seas. (ER7251) 06/17/2013 $ Rich, Devon Lifeguard Seas. (EW7251) 06/24/2013 $ Sorgi, John Rec. Attd. Seas. (EI7265) 06/14/2013 $ Steenberg, Ashley Rec. Attd. Seas. (A6772) 06/24/2013 $ Welch, Victoria Rec. Attd. Seas. (A7310) 06/14/2013 $ Welsevich, Emily Rec. Attd. Seas. (A7310) 06/14/2013 $ Zeis, Mack Rec. Attd. Seas. (EI7265) 06/14/2013 $ Mihalik, Richard Rec. Attd. Seas. (A7310) 06/25/2013 $ Domzalski, Gary Rec. Attd. Seas. (A7310) 06/25/2013 $ Schruefer, Debra Rec. Attd. Seas. (A7310) 06/25/2013 $ Schubbe, Monica Rec. Attd. Seas. (A7310) 06/25/2013 $ RESOLVED, that the Town Board approve the appointment of Scott A. Cye to the full time position of Senior Clerk (probationary) with Buildings & Grounds, effective July 8, Mr. Cye has met the Civil Service requirements for this position and is currently on the Civil Service list, established January 14, 2011, Exam #B Salary is $17.96 per hour, funds available in A BE IT RESOLVED, that the Town Board reappoint Robert E. Hutchison Jr. to the position of Town Assessor for the term beginning October 1, 2013 and ending September 31, 2019.

5 06/24/2013 Town Board Meeting Hamburg, New York WHEREAS, the Town of Hamburg received a request from Daniel Plesac to rezone vacant property at 6595 Gowanda Road from C-1 (Local Retail Business District) to NC (Neighborhood Commercial District) for the purpose of constructing a single-family residence; and WHEREAS, the Code Review Committee reviewed the application and determined that it has merit. NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board hereby refers this rezoning request to the Planning Board for its review and recommendation. 14. RESOLVED, that the following be appointed to the ZONING BOARD OF APPEALS for a seven (7) year term commencing July 1, 2013 and ending June 30, Paul Eustace 15. WHEREAS, the Town of Hamburg wishes to lease a building from the Frontier Central School District for ongoing operation of various municipal departments and functions, including but not limited to, an adult day care center, a senior citizen center and recreation administration offices, at the District building located at 4540 Southwestern Boulevard, and

6 06/24/2013 Town Board Meeting Hamburg, New York 6 WHEREAS, the Town of Hamburg and the Frontier Central School District entered into a Memorandum of Understanding for the premises, and NOW THEREFORE BE IT RESOLVED that the Town of Hamburg enter into a Lease Agreement with the Frontier Central School District for property located at 4540 Southwestern Boulevard, for a period of 19 years, pursuant to the terms and conditions contained in said Lease Agreement, and BE IT FURTHER RESOLVED that Supervisor Walters is authorized to sign all documents associated with the Lease. 16. ADOPTED Ayes 2 Walters, Ziegler Abstained 1 Collins WHEREAS, the Hamburg Town Code contains and specifies the local laws, and ordinances of the Town of Hamburg; and WHEREAS, the Hamburg Code Review Committee has evaluated these regulations and determined that a gap exists in the Zoning district regulations, specifically the C-2 zoning district, and WHEREAS, the Hamburg Code Review Committee has prepared draft language for proposed amendments and presented them to the Town Board, and WHEREAS, the proposed amendments to the Zoning Code were previously adopted as Local Law #2 of 2013, and attached hereto is a copy of Local Law #2, 2013, which is incorporated by reference herein, and WHEREAS, Local Law #2, 2013 is being proposed to be repealed, and WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law to be known as Local Law #7, 2013, as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, Local Law #7, amending Article XIV of the Hamburg Zoning Code by adding a new sub- paragraph under A., as follows:

7 06/24/2013 Town Board Meeting Hamburg, New York 7 (17) The manufacture, compounding, and assembly of products from previously prepared materials, provided that they are conducted in a completely enclosed building, and that the operations associated with such use will not produce any detrimental pollutant, noise, odors or similar nuisances infringing on the surrounding neighborhood. These types of uses can include but are not limited to the following: (a) Electrical and electronic components and equipment. (b) Musical, scientific, medical, dental and photographic equipment and supplies. (c) Recreation equipment and toys. (d) Clothing and other textile products. (e) Printing, Publishing and engraving. (f) Furniture and furnishings for households and offices and related wood and metal products. (g) Food and beverage products. Existing sub-paragraph (17) is renumbered to (18) NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board, pursuant to the statutes and the provisions of the Municipal Home Rule Law, hereby sets a Public Hearing on the adoption of proposed Local Law #7, 2013, and the repeal of Local Law #2, 2013, at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, NY at 7:00 pm on July 15, 2013, and BE IT FURTHER RESOLVED, that the Planning Department is authorized to make a copy of the proposed amendment available at the Town Clerk s office and on the Town s website. 17. WHEREAS, the Hamburg Town Code contains and specifies the local laws, and ordinances of the Town of Hamburg; and WHEREAS, the Hamburg Code Review Committee has evaluated these regulations based on questions raised by various entities, and

8 06/24/2013 Town Board Meeting Hamburg, New York 8 WHEREAS, the Hamburg Code Review Committee has prepared draft language for these proposed amendments and recommended them to the Town Board, and WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law to be known as proposed Local Law # 8, 2013, as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board amends the Hamburg Town Code as follows (full copies attached): Amend Article XLIV of the Zoning Code (Chapter 230) by adding a new section , entitled Landscaping Installation Certification. Amend Chapter 230, Subdivision of Land, under Article VI: Final Plan Requirements, by adding a new item, G. under section that addresses Landscaping certification. Add a new Chapter entitled, Plowing. Amend Section D. Signage, by deleting paragraph (7), and renumbering the rest of the section. Amend Section , Signs permitted in the NC district, by changing the size of sign allowed in the district as follows, not exceeding 20 square feet in area Amend Section , Permitted obstructions in Required Open Space, by adding a new paragraph E., which is entitled, Screening and Location Requirements for Dumpsters and Refuse Containers, Service and Parking Areas,and WHEREAS, the Town would like to start the process of considering these zoning revisions, and in accordance with SEQR regulations, the Town Board would like to establish itself as SEQR Lead Agency, and refer these proposed code revisions to Erie County in accordance with General Municipal Law section 239-m and to surrounding communities under 239-nn. NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board refers these proposed amendments to the Hamburg Planning Board for review and recommendation, and the Planning Department is authorized to conduct a coordinated SEQR process, and complete 239-m and 239-nn referrals to Erie County and surrounding communities. 18.

9 06/24/2013 Town Board Meeting Hamburg, New York 9 WHEREAS, the Hamburg Town Code contains and specifies the local laws and ordinances of the Town of Hamburg, and the Town of Hamburg Zoning map represents the Zoning of land within the Town, and WHEREAS, the Hamburg Code Review Committee evaluates issues and complaints made concerning the Town s codes and the Town s Zoning map, and assists with the implementation the Town s Comprehensive Plan, and WHEREAS, the Hamburg Code Review Committee has prepared recommendations for amendments to the Town s Zoning map based on conformance to the Comprehensive Plan, implementing recommendations of the Comprehensive Plan, and resolving site specific issues and problems, and has recommended these amendments to the Town Board, and WHEREAS, pursuant to Municipal Home Rule Law, the Town Board is proposing to enact a local law to be known as Proposed Local Law # 9, 2013, which proposes to amend the Town s Zoning Map as follows: Be it enacted by the Town Board of the Town of Hamburg, New York, that the Hamburg Town Board amends the Town Zoning map as follows: 1. Rezone 5768 South Park Avenue (SBL# ) from M-2, Industrial Park- Research and Development District to NC, Neighborhood Commercial District. 2. Rezone 5661 Camp road (SBL# ) from M-2 to C-2, and the rear portion of 5543 Scranton road currently zoned M-2 to R-3, and a portion of a vacant parcel (SBL# ) from M-2 to R-3. REZONE THE FOLLOWING PROPERTIES TO PR Park/ Recreation Lands DISTRICT: 3. Locksley Hamburg Town Park/Beach 4420 lakeshore Rd. (consisting of one parcel SBL # ): Existing Zoning R-1 Single Family Residence District. 4. Erie County Eighteen Mile Creek Parkland. consisting of parcels North Creek Rd. SBL # and Hickox Rd. SBL # : Existing Zoning R-A Residential Agricultural District 5. Eighteen Mile Golf Course consisting of one parcel 6374 Boston State Rd. SBL # : Existing Zoning R-A Residential Agricultural District and R-3 Multifamily District 6. Taylor Road Recreation Facility 6765 Taylor Rd. (consisting of one parcel SBL # ): Existing Zoning R-A Residential Agricultural District 7. Town Ice Arena/Park (Nike Base) 2982 Lakeview Rd. (consisting five parcels, SBL # , SBL # , SBL # , SBL # and SBL # ): Existing Zoning R-A Residential Agricultural District,and

10 06/24/2013 Town Board Meeting Hamburg, New York 10 WHEREAS, the Town would like to start the process of considering these zoning map amendments, and in accordance with SEQR regulations, the Town Board would like to establish itself as SEQR Lead Agency, and refer these proposed zoning map amendments to Erie County in accordance with General Municipal Law section 239-m and to appropriate surrounding communities under 239-nn. NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board refers these proposed zoning map revisions to the Hamburg Planning Board for review and recommendation, and authorizes the Planning Department to notify the owners of the parcels to be rezoned so that they can provide preliminary comments to the Planning Board on these proposed amendments, and BE IT FURTHER RESOLVED, that the Planning Department is authorized to conduct a coordinated SEQR process, and complete 239-m and 239-nn referrals to Erie County and appropriate surrounding communities. 19. ADOPTED Ayes 2 Walters, Ziegler Noes 1 Collins WHEREAS, there has been introduced in the Senate of the State of New York, Senate Bill No by Senator Patrick M. Gallivan, and the same bill having been introduced in the Assembly of the State of New York by Assemblyman Dennis H. Gabryszak, being Assembly Bill No. 7722, and WHEREAS, said proposed legislation authorizes certain existing Town Industrial Development Agencies ( IDA ) located in Erie County, to exercise powers outside the IDA s corporate limits with respect to the acquisition of real property, upon passage of a resolution in support of the exercise of this power by the towns located outside the IDA s corporate limits, thus authorizing the creation of regional IDAs, and WHEREAS, the Local Government does not have the power to enact such legislation by local law, NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board approves a home rule request to approve An Act to amend general municipal law, in relation to certain industrial development agencies, and BE IT FURTHER RESOLVED that certified copies of this resolution be sent to NYS Senator Patrick M. Gallivan and NYS Assemblyman Dennis Gabryszak.

11 06/24/2013 Town Board Meeting Hamburg, New York WHEREAS, the Town of Hamburg Police Command Officers Association ( Union ) approached the Town about certain ambiguities in the Collective Bargaining Agreement ( CBA ); and WHEREAS, the Union desired to clarify said ambiguities in the CBA regarding seniority and normal shift; and WHEREAS, the Town after seeing benefits to resolving said ambiguities in the CBA in furtherance of promoting harmonious relations between governmental employers and their employees, and preventing labor strife endangering uninterrupted governmental operations ; and WHEREAS, the Town and the Union engaged in discussions regarding the matters and have agreed to language that resolves the ambiguities to the satisfaction of each of the parties; and WHEREAS, it is believed the resolution of the ambiguity in the CBA regarding normal shift will result in significant reductions of the costs of the CBA and save the Town significant amounts of money going forward; and WHEREAS, in consideration of the mutual benefits to the parties hereto; NOW THEREFORE BE IT RESOLVED, the Town Board hereby approves the Memoranda of Agreement with the Union regarding CBA (Work Year), and various sections of the CBA addressing normal shift and other applicable provisions which will allow the Union to work a twelve (12) hour shift; and BE IT FURTHER RESOLVED, that the Town Board approves and authorizes Supervisor Steven J. Walters to sign any necessary written instruments to implement this Resolution. 21. WHEREAS, the Code Enforcement Department has depleted its funding appropriation due to an increased demand involving the maintenance of abandoned properties, and WHEREAS, in addition, required funding is anticipated for the costs associated with Town mandated demolition projects at 5307 Wood Ave and 3632 Columbia Street.

12 06/24/2013 Town Board Meeting Hamburg, New York 12 THEREFORE BE IT RESOLVED, the Town Board approve the transfer of $40,000 from account A (Contingency) to A (Clean-up of Properties) in order to provide the necessary funding as anticipated to complete said work. 22. RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: TOWN BOARD AUDIT OF CASH DISBURSEMENTS JUNE 24, 2013 VOUCHER #'S OPERATING FUND: BATCH #112 $74, BATCH #113 $106, BATCH #114 $191, BATCH #115 $16, BATCH #116 $1, BATCH #117 $46, ATCH #118 $38, BATCH #119 $ BATCH #120 $260, TOTAL OPERATING FUND DISBURSEMENTS: $738, TRUST & AGENCY: TOTAL TRUST & AGENCY DISBURSEMENTS: $0.00 CAPITAL FUND DISBURSEMENTS: BATCH #17 $1, BATCH #18 $21, , TOTAL CAPITAL FUND DISBURSEMENTS: $22, PAYROLL: PR#P/R #13 $639, TOTAL PAYROLL DISBURSEMENTS: $639,114.77

13 06/24/2013 Town Board Meeting Hamburg, New York 13 PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $1,399, Reports from Town Board Members and Department Heads Councilwoman Ziegler reports that there are some openings on the Domestic Violence Board. Any letters of interest can be sent to 6100 South Park Ave. to her attention or to the Domestic Violence Department. She thanks Game On for sponsoring and conducting the Kick Ball Tournament at the Beach this weekend. She also thanks TOPS, Woody s, Labatt s and Southern Comfort Distilleries for their support of the event as well. She then announces that every Wednesday they have Drums on the Beach as well as Bike Night and Starting July 1 st there will be Yoga on the Beach. On July 4 th they have Boys of Summer and fireworks; July 5 th is the Recreation Foundation Chicken Barbecue with a concert that night and sky divers. Summer Recreation programs began this week and they still have openings for tennis, golf or swim lessons and the day camps as well as many other programs. She is pleased with the addition to the ramp at Woodlawn Beach which now allows handicapped guests to take the ramp all the way to the beach. They also have beach wheelchairs available to get guests all the way to the water. Councilman Collins compliments Ray Pawlowski for all his hard work in putting the ramp together; it is a nice addition to the beach. Supervisor Walters reports that he received a letter from James Hacic thanking him for the prompt action in getting Stop signs placed on Agassiz Drive in Lake View. Supervisor Walters thanks Jerry Giglio for getting this expedited on behalf of the Town. Catherine Rybcynski, Town Clerk, reports that beginning July 1 st she will be introducing an online program to renew dog licenses. The only exception will be that the rabies shot has to be current. If someone pays online there will be a convenience fee. Rick Krautsack, Deputy Highway Superintendent, reports that the 2013 paving schedule is on the Town website under the Highway Department. Business from the Floor Councilman Collins comments that the wall is leaking in the Assessing Office and the ceiling is falling down in the Court Room. He refers this to Councilwoman Ziegler, liaison to the Buildings and Grounds Department, to expedite the problem.

14 06/24/2013 Town Board Meeting Hamburg, New York RESOLVED, that the Town Board adjourn at 7:21 p.m. Catherine A. Rybczynski, R.M.C. Town Clerk