3. 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 02/13/2012 Hamburg 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 13th day of February On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following 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; Kenneth Farrell, Town Attorney; Brian Attea, Deputy Town Attorney; Gerard Kapsiak, Town Engineer; Mary Dosch, Sr. Account Clerk; Michael Williams, Chief of Police; Joe Kleinfelder, Traffic Safety Committee; Martin Denecke, Director of Recreation; Sarah desjardins, Planning Consultant; Tom Best Sr., Highway Superintendent; Christopher Hull, Director of Community Development; Kurt Allen, Supervising Code Enforcement Officer; Robert Hutchison, Town Assessor; Tom Taylor, Senior Public Safety Dispatcher The Pledge of Allegiance was recited. Information on location of Fire exits was provided. Marty Denecke, Director of Recreation, introduces the Trustees of the Donny Thiry Foundation who will present a check to the Town of Hamburg for $20,000. This generous donation will be used to support the Blaze Sport Hamburg programming specifically geared towards individuals with disabilities in our community. He gives a brief summary of Donny s life history and states that they are very grateful to the Trustees for their generous support of their programs. Tonight s donation coincides with the forming of the Recreation Foundation which is on the agenda. The family of Donny would like to see a recreational facility, with his name on it, made available to residents with or without disabilities and with the donations they have made over the past 5 years totaling $50,000 they are off to a great start.

2 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 2 4. On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the minutes of the following meeting: 01/23/2012 Work Session 01/23/2012 Town Board meeting 5. On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following WHEREAS, the New York State Dept. of Environmental Conservation (NYSDEC) has previously required that semi-annual sampling and analysis be performed for a five year period (from 2008 to 2013) to monitor the groundwater and surface water quality in the area of the former Town of Hamburg landfill on Lakeview Road; and WHEREAS, based on the acceptability of the results from the three years of sampling performed to date, NYSDEC has agreed to reduce the frequency to an annual basis for the final two years of this program, which will serve to significantly reduce the costs incurred by the Town in this regard; and WHEREAS, GZA GeoEnvironmental has previously been retained by the Town to perform the first three years of sampling, laboratory, and reporting services, which were undertaken between Fall 2008 and Spring 2011; and WHEREAS, GZA has submitted a proposal for providing the fourth year of these services (Spring 2012), which has been reviewed by the Town Engineer and determined to be reasonable and acceptable for the services to be provided, at a total lump sum fee of $7,250, THEREFORE BE IT RESOLVED, that the current contract with GZA GeoEnvironmental is amended to include these additional services, and the Supervisor is authorized to sign their January 30, 2012 proposal letter/agreement in this regard. Funding for these services is available in the Hamburg Landfill Capital Fund Account No. H Joe Kilian questions if anything was found. Mr. Kapsiak responds nothing out of the ordinary. That is the reason the DEC agreed to reduce the frequency of the sampling. A copy of the test results is available in the Engineering Department.

3 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 3 6. On a motion of Councilman Collins, seconded by Supervisor Walters, the following resolution was BE IT RESOLVED, that the Town Board approve the travel request of Gerard Kapsiak, Town Engineer, to attend the Western New York Stormwater Conference and Tradeshow to be held at the Buffalo Niagara Convention Center on March 20, The registration fee for this is $75, funds for which have been include in the 2012 Budget under Account No. A , and are approved to be transferred for this purpose to Engineering Dept. Account No. A On a motion of Councilman Collins, seconded by Supervisor Walters, the following resolution was WHEREAS, Local Law No. 8 of 1990 was adopted by the Town Board on August 13, 1990, and is included in the Town Code under Chapter 107, Article III entitled Clearing, Stripping, and Erosion Control; and WHEREAS, this local law authorized the Town Board to establish fees to be charged by the Town for Private Improvement Permits issued for clearing, stripping, filling, and erosion control activities undertaken on private property within the Town; and WHEREAS, the fees were originally established in October 1990, and have not been changed since then, THEREFORE BE IT RESOLVED, that the Town Board adopt the following revisions to the fee schedule for permits issued in this regard: Affected Area Current Fee Proposed Fee 20,000 sq. ft. to 3 acres $20 $30 3 to 6 acres $30 $45 6 to 10 acres $40 $60 Over 10 acres $50 $75

4 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 4 8. On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following WHEREAS, Federal and State Phase II Stormwater Regulations require that the Town of Hamburg review, accept, and administer Stormwater Pollution Prevention Plans submitted by developers and contractors for construction projects located within the Town which will result in a land disturbance of one acre or more; and WHEREAS, Local Law No. 4 of 2007, as adopted by the Town Board on July 16, 2007, authorizes the Town Board to establish fees to be charged by the Town for providing services associated with the stormwater program; and WHEREAS, the fees were originally established in January 2009, and they have not been changed since then, THEREFORE BE IT RESOLVED, that the Town Board adopt the following revisions to the fee schedule to be paid to the Town by developers or contractors performing construction activities, for the review and administration of Stormwater Pollution Prevention Plans by the Town Engineering Department: Affected Area Current Fee Proposed Fee 1 to 5 acres $500 $550 5 to 10 acres $750 $825 Over 10 acres $1,000 $1,100 Yearly Renewal $250 $ On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following

5 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 5 At a meeting of the Town Board Of the Town of Hamburg, held at the Town Hall, 6100 South Park Avenue, Hamburg, New York On the 13 th day of February PRESENT: Steven J. Walters Supervisor Amy J. Ziegler, Councilmember Joseph A. Collins, Councilmember On a motion of Supervisor Walters, seconded by Councilmember Ziegler the following proposed: WHEREAS, Thomas M. Best, Sr., Superintendent of Highways, states that all those parts of certain Town highways hereinafter designated have not been opened or worked for more that six (6) years last past, and have not been traveled, or have been abandoned by the public and have never been used as a public highway to wit: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie, State of New York, being part of Lot 48, Township 9, Range 7 of the Holland Land Company survey, more particularly described as follows: BEGINNING at a point in the intersection of the east line of Pembroke Parkway and the north line of Dorchester Parkway as shown on map filed in the Erie County Clerk's office under Map Cover 925; Thence S87 59'50"E, along the northerly line of Dorchester Parkway, a distance of feet; Thence N02 00'10"E, along the westerly line of Dorchester Parkway as realigned and shown on map filed in the Erie County Clerk's office under Map Cover 3306, a distance of feet; Thence S87 42'47"E, along the northerly line of Dorchester Parkway as realigned, a distance of feet to the point of curvature; Thence northeasterly along a curve to the left having a radius of feet, an arc length of feet; Thence N76 02'49"E, tangent from aforementioned curve and along the northerly line of Dorchester Parkway as realigned, a distance of feet; Thence southwesterly, along a curve to the left having a radius of feet, an arc length of feet; Thence N87 42'47"W, along the southerly line of Dorchester Parkway as realigned, a distance of feet; Thence N02 00'10"E, along a westerly line of Dorchester Parkway as realigned, a distance of 8.04 feet;

6 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 6 Thence N87 59'50"W, along the southerly line of Dorchester Parkway as shown on said Map Cover 925, a distance of feet to a point in the easterly line of Pembroke Parkway; Thence N00 020'10"E, along the easterly line of Pembroke Parkway, a distance of feet to the point of beginning, containing 0.32 acres more or less. THE INTENT OF THE ABOVE DESCRIBED IS TO ABANDON THAT PART OF DORCHESTER PARKWAY EAST OF PEMBROKE PARKWAY UP TO THE REALIGNMENT OF THE PROPOSED ROADWAY (AS SHOWN ON EXHIBIT MAP ATTACHED) AS REALIGNED AND REFILED ON MAP COVER 3306 AND, ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie, State of New York, being part of Lot 48, Township 9, Range 7 of the Holland Land Company survey, more particularly described as follows: COMMENCING at a point in the intersection of the west line of Pembroke Parkway and the south line of Dorchester Parkway as shown on map filed in the Erie County Clerk s office under Map Cover 925; Thence S02º00 10 W, along the westerly line of Pembroke Parkway, a distance of feet to the POINT OF BEGINNING; Thence continuing S02º00 10 W, along the westerly line of Pembroke Parkway, a distance of feet; Thence S87º59 50 E, a distance of feet; Thence N02º00 10 E, along a easterly line of Pembroke Parkway, a distance of feet; Thence N87º59 50 W, a distance of feet to the point of beginning, containing 0.24 acres more or less. As a condition of this transfer, Grantee acknowledges and Grantor hereby declares that all parties that may presently have utility installations upon the above-described premises are hereby deemed to have a permanent full width utility easement for occupation, access, operation, and maintenance of their existing facilities in their current locations. BE IT RESOLVED that the members of the Town Board, constituting the whole thereof, consent to the making and filing of the necessary certificate that this highway be and hereby is abandoned, pursuant to Section 205 of the Highway Law, and

7 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 7 BE IT FURTHER RESOLVED that all members of the Town Board of the Town of Hamburg subscribe the certification. ROLL CALL Supervisor Walters Councilmember Ziegler Councilmember Collins VOTING Yes Yes Yes unanimously. The foregoing certification was duly adopted at said Town Board meeting, Catherine Rybczynski Town Clerk

8 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 8 STATE OF NEW YORK) SS COUNTY OF ERIE ) ACKNOWLEDGMENT I, CATHERINE RYBCZYNSKI, DO HEREBY CERTIFY that I am the duly elected and acting Town Clerk of the Town of Hamburg, Erie County, New York; that the foregoing is a true and exact copy of a resolution adopted at a meeting of the Town Board held on the 13th day of February, 2012; and I DO FURTHER CERTIFY that said meeting was called and held, and a quorum was present thereat. IN WITNESS THEREOF, I have hereunto set my hand and affixed the seal of the Town of Hamburg this 13th day of February, CATHERINE RYBCZYNSKI Town Clerk Town of Hamburg

9 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 9 C E R T I F I C A T I O N I, THE UNDERSIGNED, THOMAS M. BEST, SR., Superintendent of Highways of the Town of Hamburg, in the County of Erie, State of New York, hereby certify that all those parts of certain Town highways hereinafter designated have not been opened or worked for more than six (6) years last past, and have not been traveled, or have been abandoned by the public and have never been used as a public highway to wit: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie, State of New York, being part of Lot 48, Township 9, Range 7 of the Holland Land Company survey, more particularly described as follows: BEGINNING at a point in the intersection of the east line of Pembroke Parkway and the north line of Dorchester Parkway as shown on map filed in the Erie County Clerk's office under Map Cover 925; Thence S87 59'50"E, along the northerly line of Dorchester Parkway, a distance of feet; Thence N02 00'10"E, along the westerly line of Dorchester Parkway as realigned and shown on map filed in the Erie County Clerk's office under Map Cover 3306, a distance of feet; Thence S87 42'47"E, along the northerly line of Dorchester Parkway as realigned, a distance of feet to the point of curvature; Thence northeasterly along a curve to the left having a radius of feet, an arc length of feet; Thence N76 02'49"E, tangent from aforementioned curve and along the northerly line of Dorchester Parkway as realigned, a distance of feet; Thence southwesterly, along a curve to the left having a radius of feet, an arc length of feet; Thence N87 42'47"W, along the southerly line of Dorchester Parkway as realigned, a distance of feet; Thence N02 00'10"E, along a westerly line of Dorchester Parkway as realigned, a distance of 8.04 feet; Thence N87 59'50"W, along the southerly line of Dorchester Parkway as shown on said Map Cover 925, a distance of feet to a point in the easterly line of Pembroke Parkway; Thence N00 20'10"E, along the easterly line of Pembroke Parkway, a distance of feet to the point of beginning, containing 0.32 acres more or less. THE INTENT OF THE ABOVE DESCRIBED IS TO ABANDON THAT PART OF DORCHESTER PARKWAY EAST OF PEMBROKE PARKWAY UP TO THE REALIGNMENT OF THE PROPOSED ROADWAY (AS SHOWN ON EXHIBIT MAP ATTACHED) AS REALIGNED AND REFILED ON MAP COVER AND,

10 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 10 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Hamburg, County of Erie, State of New York, being part of Lot 48, Township 9, Range 7 of the Holland Land Company survey, more particularly described as follows: COMMENCING at a point in the intersection of the west line of Pembroke Parkway and the south line of Dorchester Parkway as shown on map filed in the Erie County Clerk s office under Map Cover 925; Thence S02º00 10 W, along the westerly line of Pembroke Parkway, a distance of feet to the POINT OF BEGINNING; Thence continuing S02º00 10 W, along the westerly line of Pembroke Parkway, a distance of feet; Thence S87º59 50 E, a distance of feet; Thence N02º00 10 E, along a easterly line of Pembroke Parkway, a distance of feet; Thence N87º59 50 W, a distance of feet to the point of beginning, containing 0.24 acres more or less. As a condition of this transfer, Grantee acknowledges and Grantor hereby declares that all parties that may presently have utility installations upon the above-described premises are hereby deemed to have a permanent full width utility easement for occupation, access, operation, and maintenance of their existing facilities in their current locations. SO, we the undersigned members of the Town Board, constituting the whole thereof, do hereby consent to the making and filing of this certificate and do hereby execute the same. THEREFORE, pursuant to Section 205 of the Highway Law, said highway is declared to be and hereby is abandoned. Dated: THOMAS M. BEST, SR. Superintendent of Highways TOWN BOARD OF THE TOWN OF HAMBURG STEVEN J. WALTERS, Supervisor AMY J. ZIEGLER, Councilmember JOSEPH A. COLLINS, Councilmember

11 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 11 ACKNOWLEDGMENT STATE OF NEW YORK) SS COUNTY OF ERIE ) I, CATHERINE RYBCZYNSKI, DO HEREBY CERTIFY that I am the Town Clerk of the Town of Hamburg, Erie County, New York; that the foregoing is a true and exact copy of a resolution adopted at a meeting of the Town Board held on the 13th day of February, 2012; and I DO FURTHER CERTIFY that said meeting was called and held, and a quorum was present thereat. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Hamburg this 13th day of February, CATHERINE RYBCZYNSKI Town Clerk Town of Hamburg

12 02/13/2012 Hamburg Town Board Meeting Hamburg, New York On a motion of Councilman Collins, seconded by Supervisor Walters, the following resolution was WHEREAS, the Town of Hamburg has received a Pre-permitted site designation application from the Hamburg New York Land Development Corporation (HNYLDC) for approximately 145 acres of vacant land located on Bayview Road, just east of NYS Route 5 (formerly known as the Lake Erie Industrial Park); and WHEREAS, the Hamburg Town Board has determined that this project meets the intent of the Pre-permitted Site Incentive Law; and WHEREAS, the Hamburg Town Board established itself as SEQR Lead Agency and issued a Positive Declaration regarding this proposal in November 2011; and WHEREAS, per the Town s Pre-Permitted Site Incentive Law, a public hearing is required for the Pre-permitted site designation; and WHEREAS, a public hearing for the Draft Supplemental Generic Environmental Impact Statement (DSGEIS) on this project is already scheduled for February 27, NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board, in accordance with the Pre-permitted site law and SEQR, both of which encourage combined public hearings, hereby schedules the required public hearing for the Pre-Permitted site designation for February 27, 2012 at 7:00 P.M. at the Hamburg Town Hall. 11. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following ADOPTED Ayes 2 Walters, Ziegler Noes 1 Collins WHEREAS, the 2012 Town of Hamburg Salary and Wage Schedule, adopted by the Hamburg Town Board on January 9, 2012, incorrectly listed the 2012 annual salaries of Town Attorney, Kenneth J. Farrell, and Deputy Town Attorney, Brian Attea, NOW THEREFORE BE IT RESOLVED, that the 2012 Town of Hamburg Salary and Wage Schedule be amended to reflect the following salaries for the year 2012: Town Attorney, Kenneth J. Farrell $62,500 Deputy Town Attorney, Brian Attea $25,000 Mr. Farrell comments that he submitted this request for the 2012 Budget. This takes into account a change in the allocation of his duties and reflects a net savings for the Town.

13 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 13 Councilman Collins states that it is a lot of money for a part time employee to make and suggests that the Legal Department do more in- house work and not out- source the work as much. He would like to look at saving tax payer dollars. Mr. Farrell responds that he explained at previous meetings how much money he has saved the Town through various changes and programs that he has implemented and stands by those comments. Dave Bellisimo comments that if the object is to save tax payer dollars, this reflects a net savings. 12. RESOLVED, that the Town Board authorize the Recreation Department to issue alcohol waivers for the following March Taylor Road rentals: 3/3/12 3/6/12 3/24/12 3/25/12 3/30/ On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following WHEREAS, the Association of Erie County Governments urged Governor Andrew M. Cuomo and the State Legislature to exempt the Municipalities of Erie County from the Federal Highway Administration s latest Uniform Traffic Control Devices (UTCD) National Standard for Street Signs, as adopted by the State of New York, and WHEREAS, this would apply only to local roads within the municipal jurisdictions within the State of New York, and WHEREAS, these regulations in effect create another unfunded mandate by the State of New York and serve no advantage to State motorists; and WHEREAS, Congressman Brian Higgins has also expressed his concern about unreasonable and unwarranted new mandates relative to signage, and WHEREAS, per state Law, the State of New York automatically adopts whatever changes the FHWA makes to the Manual on Uniform Traffic Control Devices ; and

14 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 14 THEREFORE BE IT RESOLVED, that the Town of Hamburg agrees with The Association of Erie County Governments and requests that the State of New York cease this practice and adopt only those FHWA traffic control standards that create no hardship on local government; and BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Congressman Brian Higgins, Governor Andrew M. Cuomo, Senate Majority Leader Dean Skelos and Minority Leader John Sampson, Assembly Speaker Sheldon Silver and Majority Leader Ron Canestrari and Minority Leader Brian Kolb and The Western New York Delegation. 14. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the extension of the labor contract between the Town of Hamburg and the Town of Hamburg Public Safety Dispatch Unit, pursuant to the terms detailed in the memorandum of understanding signed on December 20, 2011 by the respective parties. 15. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board hereby agrees to amend the contract between the Town of Hamburg and Linda Rogers to include marketing and promoting of Woodlawn Beach State Park, and booking reservations for the Park. Ms. Rogers will be required to work a minimum of ten (10) hours per week and the rate of pay shall remain at $24.62 per hour. The agreement shall run until December 31, 2012, and the Town of Hamburg shall reserve the right to terminate the agreement at any time. 16. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board authorize VFW Post 2556, to conduct their annual Poppy campaign on Thursday, May 10 th thru Saturday, May 12 th.

15 02/13/2012 Hamburg Town Board Meeting Hamburg, New York On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board authorize Justin Peterson, a Criminal Justice student at Hilbert College, to do an internship in the Police Department at no cost to the Town. 18. RESOLVED, that the Town Board approve the hiring of personnel for the Buildings and Grounds Department as follows: 1. Hojnacki, David Laborer, Full-Time 02/17/2012 $ McLaughlin, Sean Laborer, Full-Time 02/20/2012 $ RESOLVED, that the Town Board appoint the following to the Town of Hamburg Youth Board: Paul Pellicano (Re-Appointment) Michael Eagan Mary Beth Ganci 20. RESOLVED, that the Town Board appoints the following citizens to the newly formed Recreation Foundation:

16 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 16 Brian Bogner Alexander Nastevsk Nicholas DeWitt Heidi Lambert Reed In addition, according to the Recreation Foundation Constitution, three appointments to the permanent seats (office holder, not individual) be made: Director of Recreation Martin Denecke Superintendant of Buildings & Grounds Thomas Best, Sr. Town Board Liaison to Recreation and Buildings & Grounds Departments Amy Ziegler 21. ADOPTED Ayes 2 Walters, Ziegler Noes 1 Collins RESOLVED, that the Town Board authorize the Recreation Department to send out Requests for Proposals for the concession operation at the Town of Hamburg Golf Course for the 2012,2013, 2014 (option). Councilman Collins states that this is the only Request for Proposal that has a minimum amount set. Mr. Denecke comments that the golf course is in an enterprise account and they need to keep the budget balanced. They wanted to increase that to what they have been getting used to, because due to weather issues, flooding and competition they have lost some business. So, they raised it to what it would run over the past few years. 22. RESOLVED, that the Town Board authorize the Recreation Department to send out requests for Proposals for the concession operation at Hamburg Beach for the 2012, 2013, 2014(option). 23. RESOLVED, that the Town Board authorize the Recreation Department to send out Requests for Proposals for the operation of the Pro Shop at the Hamburg Town Arena for the , and (option) seasons.

17 02/13/2012 Hamburg Town Board Meeting Hamburg, New York RESOLVED, that the Town Board resolution authorize a transfer of $5, from the SB Park Fund to A (Recreation Equipment) to pay for recent playground installations. 25. RESOLVED, that the Town Board authorize Martin Denecke and Timothy Jerome to attend the New York State Recreation and Parks Society Annual Conference and Business Expo. The conference will take place in Saratoga NY on March Costs include the following: a. Registration ($230) 2 Early Bird = $ b. Hotel 2 nights = $ c. Meals/Tolls = $ $ Use of Town Recreation Van also requested. 26. RESOLVED, that the Town Board appoint the following individual to the Senior Services Advisory Board. Stephania Baxter 27. RESOLVED, that the Town Board approve the rehiring and termination of personnel for the Youth, Recreation and Senior Department as follows:

18 02/13/2012 Hamburg Town Board Meeting Hamburg, New York Doody, Joseph P/T Rec. Attd. (A6772) 02/14/2012 Terminate 2. Doody, Joseph Seas. Rec. Attd. (A6772) 02/15/2012 $ Gleason, Norman Seas. Rec. Attd. (A6772) 02/27/2012 Terminate 4. Gleason, Norman P/T Rec. Attd. (A6772) 02/27/2012 $ Saunders, Joyce Seas. Rec. Attd. (A6772) 02/26/2012 Terminate 6. Saunders, Joyce P/T Rec. Attd. (A6772) 02/27/2012 $ Wyler, Cheryl Seas. Clerk Typist (A6772) 02/27/ Wyler, Cheryl P/T Clerk Typist (A6772) 02/28/2012 $ BE IT RESOLVED that the Town Board authorize the Highway Superintendent, Thomas Best, to accept the bid from DeLacy Ford in the amount of $29, for a 2012 Ford F-250 XL Super Cab 4x4 with wide out plow for the following reasons: -low bidder -meets all specifications -funds available in A , Motor Vehicles, and BE IT FURTHER RESOLVED that the Town Board authorize the Highway Superintendent, Thomas Best, to accept the bid from West Herr Ford in the amount of $28, for a 2012 Ford F-250 Super Cab 4x4 with Western Plow for the following reasons: -low bidder -meets all specifications -funds available in A , Motor Vehicles 29. On a motion of Councilman Collins, with a unanimous second, the following ADOPTED Ayes 3 Walters, Collins, Ziegler WHEREAS, the Town of Hamburg recognizes the need for affordable transportation within the town, and

19 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 19 WHEREAS, up to and through February of 2012, the Niagara Frontier Transportation Authority (NFTA) has provided the Town of Hamburg with transportation service in the form of buses and bus routes for Hamburg residents, low income persons and families, senior citizens, shoppers, school children and workers travelling to the City of Buffalo and other destinations north of the town, and WHEREAS, the Niagara Frontier Transportation Authority (NFTA) has proposed massive route cuts to reduce its budget deficit including the elimination of all bus routes servicing the Town of Hamburg, and WHEREAS, the Hamburg Town Board in conjunction with the Town of Hamburg Department of Community Development have been communicating with the NFTA in trying to prevent the elimination of the bus routes within the Town of Hamburg. NOW THEREFORE BE IT RESOLVED that the Hamburg Town Board unanimously pass this resolution of support urging the NFTA to keep all Town of Hamburg bus routes including the #16 South Park, #36 Hamburg Weekday, the #74 Hamburg Express - Weekday, the #76 Express and the 211 ECC Circulator. BE IT FURTHER RESOLVED, that the Hamburg Town Board send copies of this resolution of support to the NFTA and its Board of Directors along with further letters of support to keep the Hamburg bus routes intact. Supervisor Walters comments that he wrote a letter to the NFTA as did Christopher Hull. He received a response simply stating thank you for your comments, they will consider them. The bus route is highly traveled in the Town and it would be a shame if they eliminated it. 30. On a motion of Councilman Collins, seconded by Supervisor Walters, the following resolution was WHEREAS, the Town of Hamburg recognizes that it is illegal to discriminate in the sale or rental of housing based upon race, color, religion, national origin, sex, marital status, disability, age, familial status and source of income, and WHEREAS, federal, state and Town of Hamburg fair housing laws have been enacted to ensure and protect housing opportunities for all persons, and WHEREAS, the Town of Hamburg has contracted with Housing Opportunities Made Equal Inc. (HOME) to provide comprehensive fair housing services to all persons and to ensure the towns annual Fair Housing & Equal Opportunity certification as required by the United States Department of Housing and Urban Development (HUD) is achieved.

20 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 20 NOW THEREFORE BE IT RESOLVED that the Hamburg Town Board authorize the Supervisor to sign a new two year contract covering the period of April 1, 2012 to March 31, 2014 by and between the Town of Hamburg and Housing Opportunities Made Equal Inc. to provide the town with comprehensive fair housing services. This contract ensures the town's compliance with its Fair Housing & Equal Opportunity certification as required by HUD for the towns CDBG and HOME programs. Funding for this two year contract in the annual amount of $25, is available in CD and/or the CDBG Program Income Savings Account. Christopher Hull, Director of Community Development, comments that this is the 6 th year in a row that there has been no increase in the contract. HOME has been very nice in not increasing their contract and the Town has actually been expanding their services. 31. On a motion of Councilman Collins, seconded by Supervisor Walters, the following resolution was WHEREAS, the Town of Hamburg has recognized the need for affordable housing, and WHEREAS, through its Department of Community Development the town has always been proactive with affordable housing programs and projects, and WHEREAS, the Department of Community Development has previously dedicated itself to alleviating impediments to affordable housing by waiving any and all fees pertaining to housing programs and projects built through its housing programs. NOW THEREFORE BE IT RESOLVED that any and all fees associated with the Department of Community Development s Housing programs be waived by the Town of Hamburg. This waiver of fees shall include any and all building permit fees, recreation fees, sewer and plumbing permit fees and any and all other applicable fees or charges due through the town. BE IT FURTHER RESOLVED that the total amount of fees waived be tallied and utilized as a match credit for the Town of Hamburg s HOME Investment Partnership Program.

21 02/13/2012 Hamburg Town Board Meeting Hamburg, New York On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following BE IT RESOLVED, that the Town Board approve the travel request of Bob Hutchison, Town Assessor, to attend the Valuation Perspectives Seminar sponsored by the Western New York/Ontario Chapter of the Appraisal Institute on February 16 th, 2012 in Ellicottville, N.Y. The course will provide 7 hours of re-certification credits. Cost of the course is $ BE IT FURTER RESOLVED, that the Town Board approve the transfer of funds in the amount of $ from Account A to Account A BE IT RESOLVED, that the Town Board authorize the Highway superintendent, Thomas Best, to accept the bid from William Heim Construction, Inc. in the amount of $26, for partial roof re-surface at the Hamburg Ice Arena for the following reasons: - Low bidder - Meets all specifications - Funds available in A On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the intermunicipal agreement between the Town of Hamburg and the Town of Evans, to provide electrical services to the benefit of each other.

22 02/13/2012 Hamburg Town Board Meeting Hamburg, New York On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following TOWN BOARD AUDIT OF CASH DISBURSEMENTS February 13, 2012 VOUCHER #'S OPERATING FUND: BATCH #7 $ BATCH #8 $55, BATCH #9 $41, BATCH #10 $36, BATCH #11 $ BATCH #12 $490, BATCH #13 $43, BATCH #14 $26, BATCH #15 $95, TOTAL OPERATING FUND DISBURSEMENTS: $790, TRUST & AGENCY: TOTAL TRUST & AGENCY DISBURSEMENTS: $0.00 CAPITAL FUND DISBURSEMENTS: BATCH #2 $28, BATCH #3 $16, TOTAL CAPITAL FUND DISBURSEMENTS: $45, PAYROLL: PR#P/R 3 $636, TOTAL PAYROLL DISBURSEMENTS: $636, PETTY CASH TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $1,471,845.04

23 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 23 Reports from Town Board Members and Department Heads Councilman Collins No report Councilwoman Ziegler thanks the Donny Thirty Foundation for their continued support of the Recreation Department. Supervisor Walters reports that back in 2008 when then Councilman Best took office he was insistent that the Town Board restart a drivers safety program. Through the efforts of the Traffic Safety Board they have implemented this program. He is pleased to announce that the Town of Hamburg was awarded the 2010 Trendsetter Award. He wants to congratulate the Traffic Safety Committee and thank Highway Superintendent Best for his initiative. Catherine Rybczynski, Town Clerk, reports that she wired $23,827, into the Town of Hamburg account, which is the Town s half of the Tax Warrant for the Town and County Bills. Chief Williams reports that the Town of Hamburg Police Department is now out on Facebook and could use the public s assistance. Tom Taylor, Senior Public Safety Dispatcher, reports that they are finishing up the upgraded radio system and will be starting upgrading the fire system shortly. Christopher Hull reports that the Community Development 2012 Final action Plan is on-line for public view. Tom Best, Sr., Highway Superintendent, reports that there will be a possible salt savings for the Highway Department. The Towns salt season runs from September through August. They usually order 6,000 to 9,000 tons of salt. This year in September they ordered only 3300 tons of salt and they still have a quarter of that stockpiled. So there may be a savings there. Also for payroll for the first quarter of 2012 they are a little over $10,000 less than in There should also be a savings there. However any major snowstorm or extended snowfall will take away those savings. Marty Denecke reports that during Presidents week the Recreation Department will hold a number of public skating sessions and also they have arranged for discounts at Kissing Bridge and Colden Tubing, tickets available at the Recreation Office. There is an open house scheduled at Senior Services Department on Sowles Road on March 3 rd from 10:00 am to 2:00 pm. This will let the public know what services they offer, everyone is welcome. New Business from the Floor Steve Strnad comments that at the last meeting he asked for a schedule of all the overtime that has been paid to all employees, is this complete. Supervisor Walters comments that they are closing the books, the auditors are in, so once they close the books they will be able to provide that information. Mr. Strnad comments that at the last meeting they had a lengthy discussion on the Blast on the Beach, has anything been decided.

24 02/13/2012 Hamburg Town Board Meeting Hamburg, New York 24 Supervisor Walters responds that the Town Board said that the Blast on the Beach is going forward this year, it will be at the Town Park. Months back a suggestion was brought to the Town Board stating that since the Town now maintained Woodlawn Beach State Park that they should think about moving the Blast on the Beach for reasons including what was discussed at the last meeting. The Town Board said they would take that into consideration. To date, the Town Board has had no discussion about moving the Blast on the Beach. At the last meeting the Town Board authorized the event to move forward as regularly planned. 36. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board adjourn at 8:02 p.m. Catherine A. Rybczynski, Town Clerk