Meeting No. 11 June 12, 2000 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, N.Y Thomas Quatroche, Jr.

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1 Meeting No. 11 June 12, 2000 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, N.Y Supervisor Hoak calls the meeting to order at 7:00 p.m. Roll Call: Patrick H. Hoak Supervisor D. Mark Cavalcoli Councilman Kathleen C. Hochul Councilwoman Joan A. Kesner Councilwoman Thomas Quatroche, Jr. Councilman Also Present: George Danyluk Town Clerk Richard Boehm Deputy Town Attorney James Spute Finance Director Gerard Kapsiak Town Engineer Drew Reilly Planning Consultant Tim Ellis Traffic Safety Coordinator Richard Tripp Director of Recreation Joseph Coggins Police Chief Richard Crandall Planning Board Chairman Kurt Allen Supervising Building Inspector Robert Hutchison Town Assessor James Connolly Highway Superintendent The Pledge of Allegiance was recited. Supervisor Hoak comments that this is the first time they said the Pledge of Allegiance to this flag which was presented to the Town at the last meeting by Catherine Rybczynski on behalf of the V.F.W. Post #1519. Information on Fire Exits was provided. Supervisor Hoak states that at this time they will make a presentation to volunteers who helped with the Townwide clean-up the first weekend in May. They had over 700 volunteers. Councilwoman Hochul states that they started planning this about 6 months ahead of time. There was a lot of effort on the part of Rosemary McManus and their committee. She recognizes the businesses who participated: Classic Awnings, BJ s, Walmart, Troyer Farms, Kirst & Sons, Pepsi Cola, Wegmans, Mr. Lustre Car Wash, Sisco Foods, Tops on McKinley and South Park, Charlaps, and many thanks to Jim Favelle, the Director of the Great American Clean-up She then asks for a round of applause for the members of our business community who helped. Councilwoman Kesner comments that every month they present an award for Firefighter of the Month and for June 2000 the recipient is Bob Palmer, Sr. She then states she was the MC at the Blasdell Volunteer Fire Company s annual dinner and he received many awards and accolades from his peers for 50 years of service. She feels that they should publically acknowledge this and thank him for his service to the Town. She asks that he stand for a round of applause. 7:00 p.m. Public Hearing for an amendment to said Zoning Code for land located on North Creek Road between Route 5 and Burke Road. The property is to be re-zoned from R-A (Residential Agricultural District) to PRD (Planned Residential District). George Danyluk, Town Clerk, reads the following notice as published in the Hamburg Sun and the Front Page: PLEASE TAKE NOTICE that there has been presented to the Town Board on May 22, 2000, pursuant to the Municipal Home Rule Law, a proposed local law to be known as proposed local law #3, 2000; 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 land located on North Creek Road between Route 5 and Burke Road. The property is to be rezoned from R-A (Residential Agricultural District) to PRD (Planned Residential District). ALL THAT TRACT or parcel of land situate in the Town of Hamburg and being part of Lots 46

2 and 47, TWP 9 R-8 of the Holland Land Survey (so called) bounded and described as follows: BEGINNING at the southeast corner of lands conveyed to Deanna and John Vitrano by deed and recorded in the Erie County Clerks Office in Liber 8821 at page 328 also being the intersection of the centerline of North Creek Road and the northerly line of lands conveyed to Niagara Mohawk Power Corporation by deed and recorded in the Erie County Clerk s Office in L-1454 P-57. Running thence N-56-57'-33"-W along the centerline of North Creek Road a deed and measured distance feet to the northwest corner thereof, also being the southeast corner of lands conveyed to Jerome and Paula Brudo Jurek by deed and recorded in the Erie County Clerk s Office in Liber 9376 at page 360. Running thence N-33-23'-38"-E along the southeasterly line of land conveyed to Jerome and Paula Brudo Jurek aforesaid, a deed distance of feet, a measured distance of feet to a southeast corner thereof. Running thence N-00-11'-51"-E continued along an easterly line of Jurek lands aforesaid a deed and measured distance feet to a northeast corner thereof. Running thence S-89-22'-54"-E continued along a north line of lands conveyed to Jurek aforesaid and south line of lands conveyed to JFS Limited Partnership by deed and recorded in the Erie County Clerk s Office under Liber 9965 at page 633 a deed and measured distance feet to a southeast corner therefore. Running thence N-00-37'-06"-E continued along an east line of lands conveyed to JFS Limited Partnership aforesaid at right angles to last described course a deed distance of feet and a measured distance of feet to a northeast corner thereof. Running thence S-89-22"-54"-E continued along a south line of lands conveyed to JFS Limited Partnership aforesaid at right angles to last described course a deed distance of feet and a measured distance of feet to a southeast corner thereof. Running thence N-00-37'-06"-E continued along an east line of lands conveyed to JFS Limited Partnership at right angles to last described course a deed and measured distance of feet to a northeast corner thereof. Running thence S-89-22'-54"-E continued along a south line of lands conveyed to JFS Limited Partnership at right angles to last described course a deed and measured distance of feet to a point on the west line of Lot-44. Running thence south along the west line of Lot-44 a distance of feet to a point on the northeasterly line of lands conveyed to Niagara Mohawk Power Corp., aforesaid. Running thence S-43-09'-06"-W along the southwesterly line of lands conveyed to Niagara Mohawk Power Corporation a map distance of 1807± a measured distance of to an angle point therein. Running thence S-40-18'-37"-W continued along the southwesterly line of lands conveyed to Niagara Mohawk Power Corporation, aforesaid, a map distance of feet and a deed and measured distance of feet the point or place of beginning containing 43.45± acres be the same more or less. Subject to a 15.0 wide sanitary sewer easement to Erie County Sewer District No. 2 and the rights of others in and to that portion lying within the bounds of North Creek Road. THEREFORE, pursuant to the statues and the provisions of the Municipal Home Rule Law, the Town Board of the Town of Hamburg will hold a public hearing on June 12, 2000 at 7:00 p.m. (Local time), at which time all interested persons may be heard. Dated: June 5, 2000 GEORGE DANYLUK Town Clerk Town of Hamburg Correspondence

3 George Danyluk, Town Clerk, states that there was a letter dated June 9 th from Walter and Cheryl Ross. He then reads this letter which states that Mr. Ross wants to go on record as opposing any rezoning of the property as described above. He states reasons why he feels the rezoning would not be in the communities best interest: - The area in question is mostly considered wetland. - Homes would be near power lines and heavy train traffic. - Poorly maintained North Creek Road could not handle the additional traffic. - The connecting intersections (Rt. 5, Burke Rd. and Rt. 20) are already over congested and cause traffic hazards. They have no objection to the property being developed in accordance with the current zoning laws. At this time Drew Reilly, Planning Consultant, gives an overview of the property using an overhead projector. He shows the property and describes the current and surrounding zonings. Most of the land use in the area is for single family homes. He comments that the present zoning of the property is R-A. Which is basically a district for single family, detached dwellings, churches, fire stations, golf courses any agricultural or horticultural pursuits, veterinarian or small animal hospitals, private wildlife preserve, cemetery, hospitals, etc. The existing district allows lots on 2 acres and allows a lot width of 100 feet at the street and 200 feet where the building is located. What is being proposed is a PRD. The Master Plan said that this can be used in the Lake View area where there are large percentages of land that are important to the community. There are basically three allowable uses in a PRD: single family dwellings, two family dwellings and condominiums and town houses. He then states that the reason why they are considering this is written in the Master Plan. It reads that residential rezonings would only be considered for extenuating circumstances to preserve important features. The area has proper density for this rezoning. They would consider a PRD for this property only if they could preserve a part of it for woods and wildlife habitat. PRD is not your standard zoning. It is totally dependent on the plan that is put before the Planning Board. Another words, if the Town Board were to proceed with the rezoning of this property it would be based on the plan presented. If the developer decided not to develop the property and two years from now decided to sell the property, the new owner would have to go through the same process of the rezoning. The applicant is not proposing condominiums or town houses. The plan is for single family homes, on smaller lots, which would be considered a cluster development. The applicant cannot build on the area that is designated wetlands. The number of units allowed would be 17 units. He comments that if anyone opposes this, they should state the reason so that they can give consideration to this. The earliest possible action would be in 30 days. Councilwoman Hochul asks that he clarify how many houses would be allowed under the existing rezoning and how many would be allowed on the proposed. Drew responds that 17 would be allowed under existing. The applicant has been given a 10% bonus which brings it up to 19 units proposed. He then states the PRD is dependent on a plan. This makes it a longer process than usual and is much more restrictive. Councilman Cavalcoli comments he would not expect any action for at least 2 months. He would also like to schedule a public information night before this is approved. Councilman Cavalcoli questions how much of the area would be dedicated for green space. Mr. Reilly responds that the area that would be developed is approx. 6 acres which would leave 37 acres untouched. Mr. Reilly comments again that this is approved as a plan, if this plan does not go through, the entire process must be repeated. This does not allow for any commercial; it is only for residential. Supervisor Hoak comments that after the public hearing he would ask that Mr. Reilly and Mr. Reggentine go to the conference room for anyone who wants a better look at the plans or has additional questions. Mr. Reggentine, Engineering consultant, states that the original project started in At that time the project was for 240 units. In the meantime the Corps of Engineers came in with their delineation of wetlands. They decided to reassess. They then decided to proceed ahead and did the necessary research and environmental work. They found that they had 8.5 acres of wetland. They came back with a different type of concept with 185 units. They presented this to the Planning Board who then objected to this because it exceeded the density. They then adjusted the plan and basically they have come down to 19 units. They plan on removing the two existing cottages. They are looking at developing 19 patio single family town homes in the range of $185,000 to $200,000. They could put homes on the site as it is presently zoned, but to do that they will destroy the entire site. They want to make this a quality project. As far as North Creek Road is concerned, this is up to the County to take care of. There is an existing sanitary sewer.

4 He feels that everything is in order to proceed with the project. He is not the developer, he represents the people who own the land. Drew then clarifies that if a Negative Declaration is issued for the SEQRA then the filing of the rezoning does not take place until the Planning Board finishes a preliminary site plan review so that the plan is workable. Councilman Cavalcoli comments that there still will be public input at the Planning Board meetings before it is actually adopted. Councilwoman Hochul clarifies that they are not your typical townhouses they are single family patio town-homes which are separate and not attached. It is a single family house on a small lot. It is decided that they should just be referred to as patio homes to avoid confusion. Councilwoman Hochul wants to state for the record that she doesn t want developers coming in and saying that the traffic issues are up to the Town or County because they own the road. Mr. Reggentine wants to clarify that what he meant was that if it is an ongoing problem the Town or County needs to look at it to see what improvements are needed. For this development there will only be 17 vehicular trips this would not be significant. Councilman Cavalcoli responds that it will be probably twice that at 34 trips. Councilwoman Kesner questions if the homeowners association will contribute monthly to the upkeep and maintenance of the properties. Mr. Reggentine responds that the homeowners will be responsible for this. Supervisor Hoak opens the public hearing to the public for comments. Linda Cooper, 6075 North Creek Road, she asks that her neighbors show hands to acknowledge how many are present. She then comments that they have been meeting for several years to determine the fate of this property. She comments that the PRD zoning does seem to have some merit. She then remarks on her thoughts of PRD verses maintaining R-A. She questions what mechanism will be used to ensure the preservation of woodlands and wildlife habitat in perpetuity. Dedication to the Town brings with it some negatives. There would be the liability issue as well as public access. The Planning Board has stated that there are to be public trails with public parking available. Public access is in contradiction to the preservation of the wildlife habitat. The option of a homeowners association also has negatives and should be contingent on deed restrictions being in place before the association is formed. Conservation easements have been proven to be unenforceable. The option of dedication to a land conservancy, in her opinion, offers the best protection of the space to be preserved and is the one most in harmony with the desire of the residents to maintain this area. With total acreage of 42.5 she would expect that environmental impact study would be required. Certain inconsistencies in the EAF already filed remain. Number one acres are indicated to be developed, and the concept plan indicates 8.5 acres but tonight it was stated 6.9 acres. She expresses concern over encroachment into wildlife habitat and forest areas. She points out that 18 mile creek runs directly across from the land and a major drainage channel runs directly through this property ending in a waterfall as it drains into the creek. It shows a drainage problem on the property and without the lake or retention pond it will be a drainage nightmare. She then questions the number of acres of trees and shrubbery to be removed. She then comments on the potential traffic problem. She then questions who will be responsible for the supervision of the clearing of the trees, since the Lake View overlay clearly requires this. She comments that she would like to see a sample design of what the homes will look like. She comments how many homes should be allowed to be built. In closing, one of the documents stipulates a criteria for development that it should not disturb the harmony and quality of life existing residents. She asks that they look at it as if they themselves would have to live permanently with its consequences. Ken Hurst, North Creek Road, comments that he is opposed to the rezoning. Another resident on North Creek Road comments that he owns the home directly across from where the single entrance for this development is located. His concern is for the traffic coming and going. He also states that this is getting closer to something they can live with, but it still needs a little more work. Beverly, 1647 North Creek Road, comments that she has been to Town Hall many times to oppose the change in zoning and she strongly urges them again not to change this zoning. She also cites the increased traffic on a poorly maintained road. Also this area is used for dumping which could increase with more of the public using this area. Paula Brudo-Jurek, North Creek Road, wants to add that she is opposed to the change in the zoning. She owns the acreage next to this development and it is critically important to her land what happens next door. She would not mind if it was developed as R-A. Cliff Ball, Big Tree Road, comments that he is opposed to change in this area. Suzanne Stocklosa, 1701 North Creek Rd., states that her concerns are the traffic and where the

5 people will park to use the hiking and biking trails. She now has to pick up beer bottles from kids down at the creek. Have they thought about extra Police patrols for the area to control this. She also wants to go on record as opposing the rezoning. David Nowak, 1552 North Creek, comments that he is relatively new to the area. This corner of Hamburg on Lake View and North Creek is basically untouched. It is rural. He would like to see it remain that way. He wants to go on record as opposing. Peg Herrmann, wants to stand in support of residents wanting the area to remain as it is. Doug Dierny, 1851 North Creek Road, comments that he has lived in Lake View his entire life and decided to build there because it is a beautiful area. He doesn t feel this is the right area for this. He is also concerned about the traffic. Councilwoman Hochul asks the Chief of Police to send out extra patrols to this area. She then questions if it is realistic to put 14 homes there as it is presently zoned or is 4 more likely. That is a big difference. Mr. Reggentine comments that realistically they can probably build 13 units. Mr. Reilly comments that they are planning for the future now. This will preserve the green space now. Councilman Cavalcoli responds that he feels very strongly about green space. One of the reasons they are even considering this is because he is afraid of the roll of dice. If the economy changes and they take the chance and leave it R-A and a developer comes in and says the market will support this and they put in 14 homes by clearing one house every two acres, they will lose the green space that everyone is trying to protect. It is not an easy decision. They must be long range in their thinking. He then comments that he is looking very thoroughly at this. He will look into Linda s questions about the SEQRA process. He then comments that he and all the members of the Board are there to protect their best interests. Councilwoman Hochul asks Drew Reilly to give the Board more information on the Land Conservancy concept and how it has worked in other areas. Mr. Reilly comments that another difficult issue is that Town does not want to spend more on water and sewer, the infrastructure is in place now. Councilwoman Hochul comments that if they want to go further with this they should find a developer and submit some plans that they can look at. Mr. Reggentine comments that he can provide aesthetics, as far as a developer, he has people who are interested providing they can get the rezoning. Cheryl Ross, North Creek, comments that they are very vague about what is going to be built there. They need to get more information before a decision can be made. Councilman Cavalcoli comments that the public hearing is the first step. There are many questions that need to be answered. They will ask Mr. Reilly to supply a list of questions for Mr. Reggentine. Supervisor Hoak comments that then next step would be to have a public information meeting before any decision is made. Michelle, 6421 Lake Shore, wants to comment that they already have 2-3 developments in Lake View which are not needed or even finished. How many more do they need. Marie Colley, Basswood Dr., the big concern is traffic. She cannot imagine adding a development and making it worse than it already is. I. RESOLVED, that they table the public hearing for a minimum of 30 days. Moved: Hoak Roll Call: Seconded: Cavalcoli Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche II. WHEREAS, the Town of Hamburg has received a rezoning application from North Creek Associates for approximately 43.5 acres of land located on North Creek Road northeast of the railroad tracks, and

6 WHEREAS, the applicant has requested that the property be rezoned from R-A (Residnetial Agricultural) to PRD (Planned Residential Development), and WHEREAS, the Town Board, Planning Board and Planning Department have reviewed this action and the public has expressed concerns over the project. NOW THEREFORE BE IT RESOLVED, that in accordance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law, the Town Board wishes to conduct a coordinated review of this action and act as Lead Agency, and BE IT FURTHER RESOLVED, that the Planning Department be authorized to mail the appropriate notices and documents to the appropriate Involved Agencies. Moved: Hoak Roll Call: Seconded: Kesner Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Councilman Cavalcoli comments that he wants to thank Linda Cooper who spoke so eloquently on behalf of all of the residents and in addition he thanks all the residents who took time out of their busy schedules to come and speak strongly on behalf of their own community. III. RESOLVED, that the Town Board approve the minutes from the following meetings: May 22, 2000 June 5, 2000 Town Board Meeting Work Session Moved: Kesner Seconded: Quatroche IV. RESOLVED, that the Town Board appoint Christopher Sortisio to the vacant position of Laborer effective 06/13/00. Salary per newly ratified CSEA Blue Collar Contract, funds available in A Moved: Quatroche Seconded: Kesner V. RESOLVED, that the Town Board authorize James Spute to review and release checks during the summer months, due to reduced Town Board Meeting Schedule, effective July 3, 2000 through September 5, Moved: Hoak Roll Call: Seconded: Quatroche Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche VII. BE IT RESOLVED, that the Town of Hamburg enter into a contract with the County of Erie for participation in the STOP D.W.I. Program. The contract period is for January 1, 2000 through December 31, BE IT FURTHER RESOLVED, that the Supervisor be authorized to sign the contract on

7 behalf of the Town. Moved: Cavalcoli Seconded: Quatroche VIII. RESOLVED, that the Town Board approve the hiring of Seasonal Part-time personnel for the Recreation Department as follows: 1. Sawulak, Jennifer A7180(215) 06/01/00 $6.50 Lifeguard 2. Malcos, Matthew A7265(230) 06/15/00 $5.75 Day Camp Counselor 3. Becker, Josh B7310(320) 06/15/00 $6.00 Basketball Asst. 4. Carden, Margaret B7310(320) 06/15/00 $5.50 Playground Arts & Crafts Asst. 5. Polikowski, Melissa B7310(320) 06/15/00 $5.25 Tennis Bus Monitor 6. Anderson, Kelly B7310(320) 06/15/00 $5.75 Playground Leader 7. Willis, Sarah B7310(320) 06/15/00 $5.75 Playground Leader 8. Kissel, Joanne B7310(320) 06/15/00 $5.75 Playground Leader 9. Maher, William A7180(215) 06/12/00 $6.50 Beach Lifeguard 10. Cavanaugh, Kelly A7265(230) 06/15/00 $7.25 Day Camp Counselor Moved: Quatroche Seconded: Kesner IX. WHEREAS, the Town of Hamburg has had inquiries about banks being allowed in Neighborhood Commercial (N-C) zoning districts, and WHEREAS, the Town Board and Zoning Code Review Committee reviewed the situation and determined that banks should be allowed in Neighborhood Commercial zoning districts with some restrictions, and WHEREAS, the Town Board authorized the Planning Department to review the code and provide a draft amendment to the Zoning law, and WHEREAS, the Planning Department has promulgated a proposed Zoning amendment which has been reviewed by the Town Board and Town departments and accepted. NOW THEREFORE BE IT RESOLVED, that the Town Board hereby sets a Public Hearing on this amendment for the July 10 th Board Meeting at 7:00 p.m. and BE IT FURTHER RESOLVED, that the proposed amendment be made available in the Planning Department and Town Clerk s office for public review. Moved: Cavalcoli Seconded: Hochul Councilman Cavalcoli comments that this was an area where they felt there was a deficiency. Banks with Drive-Ins are often found in residential areas, they provide a lot of neighborhood services and they felt they should become current with the banking trends. Joe Killian, United Council President, wants to know if this has anything to do with the Bank on the corner of Orchard Ave. and Lake Shore. Councilman Cavalcoli responds yes it does. They need to have the proper controls and restrictions in place for this. Joe comments that people are concerned with the traffic management.

8 XI. RESOLVED, that the Town Board approve the travel request for Dispatcher Sean Crotty to travel to CPS Academy, Buffalo, N.Y. on July 12-14, 2000 to attend the APCO Communications Training Officer Course sponsored by Erie County Central Police Services. The estimated cost is $ and funds are available in account A The use of a Town Vehicle is also requested. Moved: Cavalcoli Seconded: Kesner Roll Call: Ayes: Hoak, Cavalcoli, Hochul, Kesner,

9 XII. RESOLVED, that the Town Board approve the hiring of Seasonal Part-time personnel for the Recreation Department as follows: 1. Kuhert, Tim A7265(230) 06/15/00 $7.25 Day Camp EMT 2. Thirey, Shelly A7265(230) 06/15/00 $7.50 Day Camp Counselor 3. Redman, Rebecca B7310(320) 06/15/00 $5.25 Swim Bus Monitor 4. Shea, Daniel B7310(320) 06/15/00 $5.25 Asst. Playground Attendant 5. Omerhodzic, Ahmed B7310(320) 06/15/00 $6.50 Basketball Moved: Quatroche Seconded: Hochul XIII. RESOLVED, that the Town Board approve the hiring and termination of personnel for the Highway Department as follows: 1. Sanabria, Sandra Seasonal Clerk 06/16/00 Termination 2. Sanabria, Sandra Part-Time Clerk 06/19/00 $7.62 Moved: Quatroche Seconded: Hochul XIV. WHEREAS, the Town Board has examined the Erie County Public Library s Strategic Service Plan, and has participated in the public hearings held in our community. WHEREAS, the plan would call for the closing of the Blasdell Library, downgrading the Lakeshore Library to a specialty library and possibly a hub library outside the Village of Hamburg; WHEREAS, the Erie County Public Library Board will be considering the comments of the affected communities throughout the summer and plans to make recommendations concerning the fate of our libraries later this year, WHEREAS, the Town Board and the citizens of Hamburg place a high value on the services offered by our libraries to children, families and senior citizens, as well as the strong sense of

10 community created by our local libraries; NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Hamburg formally opposes the closing or downgrading of any of the libraries in our Town, and while the Town supports the centralization of payroll and benefit services, the hiring and staffing decisions pertaining to the Hamburg libraries should remain under the control of the Hamburg Library Board and Director. Certified copies of this resolution are requested to be sent to Ms. Diane Chrisman, Director, Buffalo and Erie County Public Library; Karen Sherwood, President, Hamburg Library Board, Jane Rosenfeld, Director, Hamburg Public Library, County Legislators Charles Swanick, Edward Kuwik and Jeanne Chase, and the Villages of Hamburg and Blasdell Boards. Moved: Hochul Seconded: Kesner Councilwoman Hochul comments that she was talking to some friends on the County Legislature who said they are looking for comments throughout the summer to make a final decision probably in December of this year. They stated that if the Town had a position on this they needed to get this to the Library Board as soon as possible. Councilman Cavalcoli comments that the following resolution is for the extension of the Water District for Country Woods. He will read only those portions as required by law. XVII. BE IT RESOLVED, upon the recommendation of the Traffic Safety Advisory Board, that an R1-1 STOP sign be erected and maintained by the Buildings and Grounds Department on the west side of Arrowood Drive at the intersection with Bayview Road. Moved: Kesner Seconded: Quatroche She wants to thank Tim Ellis for moving so quickly on this issue. She received a lot of complaints from residents in that area. XVIII. RESOLVED, that the Town Board approve the membership of the following into the Newton Abbott Fie Company, Inc.:

11 Brian Evaldi Christopher Mcguire Mark Bernas 3390 South Park Ave South Park Ave North St. Apt. #3 Blasdell, N.Y Blasdell, N.Y Blasdell, N.Y Moved: Kesner Seconded: Quatroche XIX. RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: OPERATING FUND: BATCH #87 $915, BATCH #88 $700, BATCH #89 $ 61, BATCH #90 $179, PRTRN #12 $456, TOTAL OPERATING FUND DISBURSEMENTS: $2,312, TRUST & AGENCY: BATCH #27 $ 76,972.60

12 BATCH #28 $367, TOTAL TRUST & AGENCY DISBURSEMENTS: $ 444, CAPITAL FUND DISBURSEMENTS: BATCH #39 $198, BATCH #40 $ 4, TOTAL CAPITAL FUND DISBURSEMENTS: $ 202, PAYROLL: PR #12 $424, TOTAL PAYROLL DISBURSEMENTS: $ 424, PETTY CASH: TOTAL PETTY CASH DISBURSEMENTS: $ 0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $3,383, Moved: Hoak Roll Call: Seconded: Kesner Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche Correspondence Letter #44 - Supervisor Hoak refers this to the Legal Department. Mr. Boehm responds that he will circulate this to the various Departments involved. Letter #45 - Supervisor Hoak asks if there are any Bethford residents present. Councilman Quatroche reports that Mr. Connolly has been in contact with the residents from Bethford Drive and asked them to show this sign of support. He will be working with Mr. Connolly regarding this area and they will work with the residents to see what they can do to improve that playground. Letter #46 - Supervisor Hoak asks that this be referred to Mr. Connolly. Letter #42 - Councilwoman Hochul comments that she wants to refer this to the Traffic Safety Board and the Police Department. She asks Mr. Ellis if they have heard from the County about putting signs up at the railroad crossings on County Roads. Mr. Ellis responds that they have received approval from the County and Mr. Connolly and he have talked about putting the correct signage up on those roads. Letter #43 - Councilwoman Hochul comments that she met with Beth this morning on this. Beth Geyer, Hoover Road, thanks Councilwoman Hochul for meeting with her. She states that the Police have been much more receptive to their calls and she wants to thank them for that. She wants to say that noise is part of your environment. The way it is set up in Hamburg anyone could have a band play in their backyard every night. There is Music played there every night of the week. Councilwoman Hochul responds that after she talked to Beth she spoke with our Attorney, Mr. Boehm, and he is looking into this issue of permits and what is required. They will get back to her on this. Francine, 3792 Hoover Road, wants to state she supports the issue of a revised noise ordinance. She is employed in the Town of Evans and the noise ordinance on their books has only been in place since She feels the Town of Hamburg should be updated as well. There is no definition of what is reasonable. When the band plays on a good night they are right in her back yard. When they play on a bad night it is in a tent which is more centrally located and this helps. Joe Killian, United Council, asks what has transpired on the parking issue down there. Mr. Boehm comments that he will be proposing changes to the Board tonight for a resolution at the next meeting.

13 Late Correspondence from residents on Staley Drive concerning some problems at 3968 Stalely Drive. He asks that Mr. Allen, Building Inspector, get a copy of this. Mr. Allen states that he is very aware of this problem, there are 5 or 6 violations and this matter will be brought before the Town Board in about a week. He is hopeful this can be resolved through Court. Reports from Town Board Members and Department Heads Councilwoman Kesner reports she regrets that the first Annual Firefighters Golf Tournament had to be canceled, but has been rescheduled for June 19 th rain or shine. Councilwoman Hochul reports that this Saturday night is the Town of Hamburg Millennium Blast on the Beach and Community Picnic Celebration. They expect a very crowded parking lot that night. If you come after 5:00 p.m. go to the Rogers Road Ball Diamond. They will have buses and vans to transport people. Councilman Quatroche wants to congratulate Councilwoman Kesner on the upcoming wedding of her daughter. Hamburg had it s 24-hour relay to raise money for Youth in the Town of Hamburg. It was very successful and a lot of people put a lot of hard work into that event. He wants to commend the Youth Department for their efforts. Mr. Connolly has been trying to keep up with the playgrounds. The weather has not cooperated and he asks for continued patience. Richard Boehm, Deputy Town Attorney, reports that he attended the Natural History Cruise on the Miss Buffalo and it was very informative. Kudos to the Natural History Society. Councilwoman Hochul wants to thank Peg Herrmann for one of the tours she gave the Charlotte Ave. 5 th grade class. The kids were so inquisitive and learned so much. Business from the Floor Paul Wurtz, 4090 Burke Pkwy., comments that he submitted a petition in October of last year, concerning the traffic on Burke Pkwy. He would like an update. Councilman Cavalcoli responds that they have turned this over to the Planning Department. They are looking into different scenarios. They hope that by the end of the summer they will have some recommendations. The problem is not just Burke but it is tied into what they should do with that entire section in terms of rezoning. They have had discussions with the Chamber and Code review. They will have a public information meeting scheduled for residents in that area. Mr. Burke comments that he is concerned about the widening of Route 20 and possibly rerouting traffic through his area. Councilman Cavalcoli comments that through work with Mr. Ellis, Traffic Safety Board, Engineering and Highway, they will have input into that process of what they will do and how they will do it. Mr. Ellis comments that one of the problems they have is that the intersection is at full capacity now. In his conversations with the DOT Officials they have stressed that point with them and they have verbally said they will address that situation. Mr. Kapsiak comments that the DOT is required to have a public hearing process before their plans become finalized. Mr. Wurtz thanks the Police Department for extra coverage of that area. XX. RESOLVED, that the Town Board adjourn to Executive Session at 9:20 p.m. for Legal and personnel reasons. Moved: Hoak Roll Call: Seconded: Cavalcoli Ayes: Hoak, Cavalcoli, Hochul, Kesner, Quatroche George Danyluk, Town Clerk

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