Meeting No. 12 July 20, 1998 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, New York Thomas Quatroche, Jr.

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1 Meeting No. 12 July 20, 1998 Hamburg Town Board Meeting S-6100 South Park Avenue Hamburg, New York :00 p.m. Supervisor Hoak calls the meeting to order. 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 Director of Finance Gerard Kapsiak Town Engineer Drew Reilly Planning Consultant Mathew Czerwiec Police Chief James Connolly Highway Superintendent Tim Willard Asst. Director of Community Development Robert Hutchison Town Assessor Kurt Allen Supervising Building Inspector Tim Ellis Traffic Safety Coordinator Joseph Wenzel Recreation Specialist The Pledge of Allegiance is recited. Information on Fire Exits is provided.

2 Supervisor Hoak announces that a plaque was given to the Town from the United Way of Buffalo and Erie County Campaign Award, presented to the Hamburg Town Employees in recognition of the outstanding support of the United Way and the Community. He asks that Rosemary McManus come forward to receive this award on behalf of the employees. 7:00 p.m. Public Hearing for proposed local law #2, 1998 which provides for the amendment of Local Law #10, Chapter 280-Zoning, for 7 acres of lands contiguous with St. Matthews Church property at 5289 McKinley Parkway. The property is to be rezoned from R-1 (Single Family Residential District) to R-3 (Multi Family District). George Danyluk, Town Clerk, reads the following notice as published in the Hamburg Sun and the Front Page: LEGAL NOTICE TOWN OF HAMBURG PLEASE TAKE NOTICE, that there has been presented to the Town Board on June 22, 1998, pursuant to the Municipal Home Rule Law, a proposed local law to be known as proposed local law #2, 1998; 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 7 acres of lands contiguous with St. Matthews Church property located at 5289 McKinley Parkway. The property is to be rezoned from R-1 (Single Family Residential District) to R-3 (Multi Family District). ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Hamburg, County of Erie and State of New York being part of Lot 45 Township 9, Range 7 of the Holland Land Company s survey bounded and described as follows: BEGINNING at a point in the easterly line of McKinley Parkway (120' wide), a measured distance of feet (deeded distance of 673 feet) north of the south line of Lot No. 45; THENCE northerly along the easterly line of McKinley Parkway a measured and deeded distance of feet to a point in the southerly line of lands now or formerly conveyed to Eckert as recorded in the Erie County Clerk s Office in Liber 2708 of deeds at page 477; THENCE easterly at an interior angle of 90 34'58" along the southerly line of Eckert a measured distance of feet (deeded distance feet) to a concrete monument; THENCE northeasterly at an exterior angle of '49" along the southeasterly line of Eckert a measured distance of feet (deeded distance feet) to a concrete monument, being a point in the southerly line of lands now or formerly conveyed to Charles T. Roosa as recorded in the Erie County Clerk s Office in Liber 2240 of Deeds at page 486; THENCE easterly at an interior angle of '10" along the southerly line of Roosa a measured distance of feet (deeded distance of /-) to an iron pipe in the east line of lands now or formerly conveyed to N.D. Quinby as recorded in the Erie County Clerk s Office in Liber 2051 of deeds at page 48; THENCE southerly at an interior angle of 88 51'35" along the easterly line of Quinby a deeded and measured distance of feet to a point; THENCE westerly at an interior angle of 90 24'30" a measured distance of feet (deeded distance of feet) to the point or place of beginning. EXCEPTING AND RESERVING to St. Matthews Church a parcel for existing structure and parking. THEREFORE, pursuant to the statutes and the provisions of the Municipal Home Rule Law, the Town Board of the Town of Hamburg will hold a public hearing on July 20, 1998 at 7:00 p.m. (Local time), at which time all interested persons may be heard. Dated: June 22, 1998 GEORGE DANYLUK Town Clerk Town of Hamburg

3 Correspondence George Danyluk, Town Clerk, states that there is one item of correspondence from the Planning Board which is a favorable recommendation for the following reasons: 1. This is a unique design that will compliment the Master Plan; 2. Even though the proposal is for an R-3 zoning, it will have the density of an R-1; 3. The proposal will allow a sewer tie in for adjacent property owners for those who are on septic. 4. The proposal will make good use of the topography. At this time Drew Reilly, Planning Consultant, gives a overview of the site. He then explains that this application has been around for over a year. The Town first asked the applicant to wait until the completion of the Master Plan. The original application was not in conformance with the Master Plan. They asked that some changes be made. The changes made to the plan were keeping to a single family image, they went back to the drawing board to change the proposals. The Master Plan also called for a shared means of egress, no more curb cuts to McKinley. Also they wanted the development not to be seen from McKinley and to try and keep the trees and landscaping in place. They made changes to the point that the Town would now entertain the re-zoning. The Planning Board felt it had enough merit to make a favorable recommendation and hold this public hearing on it. The Town takes the Master Plan very seriously. Jerry Ruhl, Ruhl & Associates, Architects, Consultants to St. Matthews Church for this project, comments that what they are proposing is senior citizen housing owned by the seniors, not rented. It is basically a condominium concept, with a lower density (2.5 units per acre). They are proposing 18 units to be sold to seniors (St. Matthews Church members will get preference). The units are approximately 1300 Sq. Ft., single story, slab on grade, handicap accessible, 1 ½ baths. The project will be fully taxable. The cost for a unit will be in the $125,000 range. Supervisor Hoak comments that after the meeting the public will have an opportunity to look at the drawings and specifications in the Conference Room and meet with the developer. Councilman Cavalcoli comments that the entrance and exit that is currently there will remain the only entrance and exit. Councilwoman Kesner questions if these will be built with State, Federal or private funding. The answer is private funding. So they can restrict the residency. She questions the buffer area which backs up to the Oakridge Development. Mr. Ruhl comments that all the trees will remain and they have no intention of developing beyond the trail. Drew comments that if the Board were to entertain this that the Planning Board should recommend consideration to the Recreation Department for a conservation easement to protect the trees and so they would have an area available for a trail if they wanted it in the future. The other item is the issue that there has to be a restriction on the R-3 re-zoning. Councilwoman Hochul questions if this project will be visible from the Oakridge development or from McKinley. Mr. Ruhl responds that it will not be visible to the Oakridge development in the summer and they will be sitting back 3-4 hundred feet from the road and should not be visible except for the part of land that rises up in the back. Ralph Walters, 5341 McKinley, directly west of the property. States that Mr. Rich visited him with the preliminary drawings and he has since come up with some questions. He states that he has an inground swimming pool that will be close to one of the housing units. Mr. Ruhl responds 31 feet. Mr. Walters comments that he asked Mr. Rich if the housing unit could be moved 10 feet further away and Mr. Rich said he would look into it. Also Mr. Walters states that he is concerned about the leaves from the new trees going into the pool and Mr. Rich stated that he could possibly put in a berm. He also questions if these units would be allowed to have pets. Mr. Ruhl responds that they would have the same privileges as everyone else in the Town. Mr. Walters asks how the garbage will be handled. Mr. Ruhl responds that they would have an enclosed dumpster container. Mr. Walters questions where on the property this would be located.

4 Councilman Cavalcoli comments that this must go back to site plan review before it can be approved and at that time he will have the opportunity to have these questions addressed. Mr. Walters questions if they will have TV dishes or Cable. Mr. Ruhl responds that he assumes Cable. Dr. Mary Schamann, 5277 McKinley Pkwy., comments that R-3 is very broad, she questions if the old parking lot will be included in the re-zoning and what are the plans. Mr. Ruhl explains that the Church and parking lot are not included in the rezoning. She then questions, if this project doesn t go through, does R-3 allow for nursing homes. Councilman Cavalcoli responds that this is the reason this will be a conditional re-zoning to bar or preclude those kinds of things from happening. She responds she has concerns on traffic along McKinley. She also has a concern about the width of the driveway, which runs very close to her property line. She is concerned with the lighting and how it would affect her property. Drew Reilly responds that the lighting has been discussed and the applicant, in the re-zoning application, has indicated that he will meet the intent of the Town s law on lighting as set forth in overlay districts, signage also. Laurie Fabie, 5357 McKinley Pkwy., she states that she would like to see this stay green, however, if something has to be put in there she would rather see this project rather than 18 single family homes. She is concerned about the buffer being large enough. Supervisor Hoak responds that when there is commercial development they are required to have a 50 ft. Buffer, there are no requirements for residential, the applicant is being generous in allowing this. She also questions how many people in the area, who have septic tanks will be able to hook up to the sewers that will be put in. Mr. Ruhl responds that it is not the intent of St. Matthews at this point to be providing sewers for neighbors. They have a sewer available in the back to connect to. The other option is to go north about 1000 feet and so it would not affect her either way. She is also concerned with privacy. Mr. Ruhl responds that a berm would be a good idea. Mark Picillo, 5292 Oakridge Dr., questions how they came up with the number of units to be built. Mr. Ruhl explains that it was a design process taking into consideration privacy, size, etc. He is very concerned with the wildlife in the area. Councilman Cavalcoli comments that they have made many changes to the plan and one of the advantages of a project like this is that the owner is very willing to make as many changes as possible to reduce the impacts. Joseph Mangano, 5304 Oakridge Dr., states that one unit will be directly visible from his backyard. His concern is also the integrity of the woods and the creek. Questions if the elevation will remain as it is. Mr. Ruhl comments they are not planning on changing the elevation, they like the slope. He questions were the walkway will go. Drew Reilly comments that they will dedicate land when plans are being developed so that eventually it could be linked to go to recreation space. Jim Hungiville, 5235 Oakridge Dr., questions what the restrictions to the R-3 re-zoning would be. Drew Reilly responds that they are restricting the number and type of units to be built. You can state that the re-zoning will not take place until the conditions are met. Mike Everette, 5305 Oakridge Dr., questions the sewer installation, how can they install a sewer without taking down trees. Mr. Ruhl responds that some trees will have to come down. Mr. Everette questions if they can replace the trees. Mr. Ruhl comments that they should only lose 1% of the trees. Ken Brandis, 5233 McKinley, comments that the water from the parking lot runs through his property. Drew Reilly explains that Town code requires that they cannot increase the amount of runoff that is flowing off the property. He questions if a berm will be put into place along the top. Councilman Cavalcoli explains that all these questions concerning sewers, berms, etc. will be addressed at the site plan review if the re-zoning is put in place. Those kind of questions would have to be evaluated by our experts between the Engineering Staff and Conservation Advisory Board. Drew Reilly comments that if there are any questions and concerns please put them in writing. Beverly Hull, 5352 Oakridge Dr., she feels this doesn t affect her. She is in favor of this project. Francis Walters, 5341 McKinley Pkwy., comments there is a dip in the road right after Quinby and people speed up after that. The traffic and getting out onto McKinley will be a problem.

5 Councilman Cavalcoli thanks the public for all their questions and concerns. Councilwoman Hochul explains that no one on the Board wants to re-zone property and it is very helpful to hear everyone s concerns and be able to address them. II. RESOLVED, that the Town Board table the Public Hearing at 8:15 p.m., with no action to be taken for a minimum of one month. Seconded: Cavalcoli III. RESOLVED, that the Town Board approve the minutes from the following meetings: June 22, 1998 Town Board Meeting Moved: Kesner Ayes: Hoak, Hochul, Kesner, Quatroche Abstain: Cavalcoli IV. RESOLVED, that the Town Board approve the membership of the following into the Newton Abbott Fire Company, Inc.: Joseph J. Barile Robert Sikorski Robert Marzolof 4609 Abbott Road 1234 McKinley Pkwy Thurston Avenue Orchard Park, N.Y Lackawanna, N.Y Blasdell, N.Y Moved: Kesner Seconded: Cavalcoli V. RESOLVED, that the Town Board approve the use of a voting machine for the duration of the Erie County Fair (August 12th - August 23rd), for the League of Womens Voters of the Greater Buffalo Area. Moved: Hochul Seconded: Kesner VI. 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, 1998 through December 31, BE IT FURTHER RESOLVED, that the Supervisor be authorized to sign the contract on behalf of the Town. Seconded: Quatroche

6 VII. RESOLVED, that the Town Board approve the hiring and termination of personnel for the Recreation Department as follows: 1. Collins, Mark B7310(320) 06/23/98 Terminate 2. Collins, Mark B7310(320) 06/29/98 $8.10 District Supv. 3. Machelski, JulieAnn B7310(320) 06/29/98 $8.10 Cheerleader Supv. 4. Goble, Laura B7310(320) 06/29/98 $5.15 Playground Asst. 5. Pace, Molly B7310(320) 06/29/98 $5.15 Rover 6. Thirey, Donald B7310(320) 06/29/98 $5.50 Basketball Asst. 7. Sennikoff, Lindsey B7310(320) 06/29/98 $5.15 Arts & Crafts Asst. 8. Tracy, Beth B7310(320) 06/29/98 $5.15 Bus Monitor 9. Farrell, Kristin B7310(320) 06/29/98 $5.15 Arts & Crafts Moved: Quatroche VIII. BE IT RESOLVED, that the Town Engineer s report on the acceptance of the fire hydrant installed by Peter Liberatore at the Camp Road Plaza, 5893 Camp Road under Public Improvement Permit No. 617 be received, that the Supervisor is authorized to sign the report, and that this acceptance becomes effective on the date that the report is signed by the Supervisor. Moved: Cavalcoli IX. BE IT RESOLVED, that the Town Clerk be authorized to advertise for a public hearing to review the requests of the various volunteer fire companies and fire protection districts for their 1999 contracts with the Town. The public hearing will be set for September 28, 1998 at 7:00 p.m. Moved: Hochul Seconded: Kesner

7 X. WHEREAS, on June 8, 1998 the Hamburg Town Board authorized the Department of Community Development to publish a Request for Proposals for professional architectural services for the handicap accessibility/expansion project at the Glen Meadows Park in the Village of Hamburg, and WHEREAS, the proposals were opened on Tuesday June 30, 1998 at 10:00 a.m. and subsequently reviewed with the following firms submitting bids: Caley & Company Architects $3,200 David Jacob Galbo Architect $3,750 EI Team $8,328 NOW THEREFORE BE IT RESOLVED, that the Hamburg Town Board authorize the Department of Community Development to accept the proposal of David Jacob Galbo Architect, to complete the handicap accessibility/expansion project at the Glen Meadows Park in the Village of Hamburg. The firm of David Jacob Galbo Architect was deemed lowest qualified bidder based on their technical approach, understanding of the task and similar project experience. The project was authorized under the Community Development program by the Community Development Advisory Committee and the Hamburg Town Board and funding in the amount of $3, is available in account CD Moved: Kesner Seconded: Quatroche Steve Strnad, asks if this request was made by the Village and shouldn t they be advertising for the bids. Councilwoman Kesner explains that this is a joint project and the Town is sponsoring this (the handicap accessibility). XI. RESOLVED, that the Town Board approve the hiring of personnel for the Recreation Department as follows: 1. O Connell, Kathleen B7310(320) 06/29/98 $5.15 Rover 2. West, Aric B7310(320) 06/30/98 $5.15 Moved: Quatroche Seconded: Cavalcoli XII. WHEREAS, John Lester, owner of property identified as S.B.L. Nos through 13 (Sublots 1811 to Sublots 1816, Block 18, cover No. 712), has offered to donate the property to the Town as a gift, and WHEREAS, the property is in the vicinity of the Town s Affordable Housing Project on Princeton Street, and WHEREAS, it is the recommendation of Chris Hull, Director of Community Development, that the Town accept this gift, and WHEREAS, the only cost to be incurred by the Town is payment of Town and County taxes, less than $100, due on the parcels, NOW THEREFORE BE IT RESOLVED, that the Town of Hamburg accept the offer of John Lester and acquire the above-mentioned sublots. Moved: Hochul Seconded: Kesner

8 XIII. RESOLVED, that the Town Board authorize the Recreation Department to purchase four sets of batter box pads for the lighted softball diamonds at the Nike site. Total cost of pads and shipping not exceed $2,000. Funds are available in H Moved: Quatroche XIV. RESOLVED, that Detective Sergeant Robert Williams be permitted to attend the 11th Annual Gang Conference in Baltimore, Maryland July 6-10, Said conference is sponsored by the MAGLOCLEN Law Enforcement Network, U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Maryland State Police and the City of Baltimore Police. Transportation will be provided by the Officer. Registration Fee $ Lodging-5 $89.00 = $ Meals-5 $40.00 = $ Total $ Money is available in account B XV. RESOLVED, that the Town Board authorize the Recreation Department to spend $2, for repairs to Treadmill C at the Town Park Fitness Center. Funds are available in Account # H Fitness Improvements. Moved: Quatroche Seconded: Kesner XVI. RESOLVED, that the Town Board approve the Out-of-Town travel request for Robert E. Hutchison, Jr. to travel to Batavia, New York on August 3-7, 1998 to attend International Association of Assessing Officials, Course 400. Registration $ Text Book $ Mileage $ Lunches $ Total $ Money is available in account # and # Moved: Kesner Seconded: Cavalcoli

9 XVII. BE IT RESOLVED, that the Town Engineer s report on the acceptance of the LETINA SUBDIVISION work done under Public Improvement Permit Nos. 618 & 619 be received and accepted, and that the Supervisor is authorized to sign the report. BE IT FURTHER RESOLVED, that this resolution becomes effective on the day the report is signed by the Supervisor. Moved: Cavalcoli Seconded: Kesner XVIII. RESOLVED, that the Town Board authorize the Recreation Department to issue a permit for Locksley Park taxpayers to use Durham Road playground for Community Days. Alcohol waiver requested. Moved: Quatroche XIX. BE IT RESOLVED, that the Town Board authorize the Supervisor to sign the yearly maintenance contract for Konica 1112 in the Historian s office. Seconded: Quatroche XX. RESOLVED, that the Town Board permit Sue Ganey and Donald Fitzpatrick of the Planning Board to attend the Planning Federation to be held September 15th for one night in Rochester, N.Y. Money to be taken out of account B as follows: Registration $ One night package with meals $ Mileage (70 $ Total $ per person Moved: Cavalcoli Seconded: Quatroche XXI. RESOLVED, that the Town Board approve the membership of the following into the Newton Abbott Fire Company, Inc.: Gerard T. Mazurkiewicz 4950 Tim Tam Trail Blasdell, N.Y Moved: Kesner Seconded: Cavalcoli

10 XXII. RESOLVED, that the Town Board approve the hiring of personnel for the Recreation Department as follows: 1. Mary Beth Glatz A7180(215) 07/16/98 $6.00 Fitness Attendant 2. Zachary Taylor A7180(215) 07/16/98 $6.00 Fitness Attendant Moved: Quatroche XXIII. RESOLVED, that the Town Board approve the permanent appointment of MATTHEW D. FELICE, 146 Oakhill drive, Hamburg, to the position of RECREATION SUPERVISOR- SENIOR CITIZENS, effective immediately. Mr. Felice is number one on the Erie County Civil Service promotional list for this title; list established June 22, 1998; Exam No.: ; salary as set forth in the 1998 budget. Moved: Cavalcoli Seconded: Quatroche XXIV. RESOLVED, that in accordance with Chapter Mobile Home Courts Local Law #1, 1991 under Administration Fees (C). Fees for licenses, applications, renewals, permits and such other authorization by the Town of Hamburg, as provided for in this local law, shall be established by the Town Board by type and amount. THEREFORE BE IT RESOLVED, that the Town Board allow the Building Inspector permission to charge the Annual Renewal Fee of $10.00 per unit for permanent units and $5.00 for temporary units and a $10.00 filing fee for each mobile home park. Moved: Hochul Seconded: Quatroche XXV. RESOLVED, that the Town Board approve the recommendation of the Chief of Police in appointing: and ROBERT J. KRONE, 139 Lake Ave., Blasdell TODD J. EHRET, 3304 Pleasant Ave., Hamburg to the two vacant positions of POLICE OFFICER (Probationary) with the Town of Hamburg Police Department. Both Mr. Krone and Mr. Ehret are on the current Civil Service list for Police Officer, established March 14, 1997, Exam No: Salary: $17.18 per hour; funds available in B Appointment effective July 26, Seconded: Cavalcoli

11 Supervisor Hoak explains it takes a lot of effort both in education and work experience plus they have to score in the top three on their exam in order to be in this position. He congratulates them and welcomes them to the Hamburg family. Councilman Quatroche also congratulates and welcomes them. Supervisor Hoak then asks them to stand and welcomes them to the Police Department. XXVI. BE IT RESOLVED, that William P. Scully and Mary F. Dosch be approved to attend Defensive Driving Training Education courses in August. Their applications have been approved by the respective Department Heads and funds, $250 each, are available in the special Traffic Safety account # A XXVII. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has directed that the Town of Hamburg immediately undertake various measures to reduce the Electric Avenue Pump Station s wet weather sewage overflows into Rush Creek, which adversely affect the water quality at Woodlawn Beach State Park; and WHEREAS, one of the actions requested by NYSDEC is the installation of a third pump in the pump station, in order to increase the pumping capacity by up to 171,600 gallons per day, which the Village of Blasdell has agreed to accept for treatment; and WHEREAS, Malcolm Pirnie, Inc. Has submitted a proposal for providing engineering services associated with the pump selection and installation, which has been reviewed by the Town Engineer and determined to be acceptable for the services being provided, THEREFORE BE IT RESOLVED, that Malcolm Pirnie is awarded a contract in this regard, at a total lump sum fee of $7,750, and that the Supervisor is authorized to sign their 7/9/98 proposal letter/agreement in this regard. Payment for 85% of this amount is to be from previously granted State Clean Water/Clean Air Bond Act funds (Project No ), with the remaining 15% local share to be charged to the Town sewer districts which are tributary to the Electric Avenue Pump Station. Moved: Cavalcoli Seconded: Kesner

12 XXVIII. WHEREAS, the New York State Department of Environmental Conservation (NYSDEC) has directed that the Town of Hamburg immediately undertake various measures to reduce the Electric Avenue Pump Station s wet weather sewage overflows into Rush Creek, which adversely affect the water quality at Woodlawn Beach State Park; and WHEREAS, one of the actions requested by NYSDEC is the internal cleaning of the Town s 1,600 feet long, 8 inch diameter forcemain that conveys flows from the pump station to the Village of Blasdell sewer system, in order to maximize the capacity of the forcemain through the removal of corrosion and grease accumulations; and WHEREAS, Flo-Kleen Pipe Services, Inc. Of Newfane, New York has submitted a proposal for providing the forcemain cleaning services, which has been reviewed by the Town Engineer and determined to be acceptable for the services being provided, THEREFORE BE IT RESOLVED, that Flo-Kleen Pipe Services is awarded a contract in this regard, at a total lump sum fee of $4,500, and that the Supervisor is authorized to sign their 7/2/98 proposal letter/agreement in this regard. Payment for 85% of this amount is to be from previously granted State Clean Water/Clean Air Bond Act funds (Project No ), with the remaining 15% local share to be charged to the Town sewer districts which are tributary to the Electric Avenue Pump Station. Moved: Cavalcoli Councilman Cavalcoli reminds everyone that 85% of the funding for this project came from State Water/Clean Air Bond Act funds that was made available through the efforts of Assemblyman Smith and also Senator Volker. He thanks Mr. Palumbo from the DEC as well.

13 XXIX. RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: OPERATING FUND: BATCH #80 $455, BATCH #81 $497, BATCH #82 $490, BATCH #83 $ 16, BATCH #84 $593, BATCH #85 $ 78, BATCH #86 $808, BATCH #87 $ 10, BATCH #88 $188, BATCH #89 $ 94, BATCH #90 $732, BATCH #91 $ 53, PRTRN #13 $461, TOTAL OPERATING FUND DISBURSEMENTS: $4,479, TRUST & AGENCY: BATCH #29 $ 86, BATCH #30 $377, BATCH #31 $ 12, BATCH #32 $ 86, BATCH #33 $375, TOTAL TRUST & AGENCY DISBURSEMENTS: $ 939, CAPITAL FUND DISBURSEMENTS: BATCH #44 $194, BATCH #45 $ 17, BATCH #46 $ 6, BATCH #47 $206, BATCH #48 $ BATCH #49 $347, BATCH #50 $ 36, TOTAL CAPITAL FUND DISBURSEMENTS: $ 807, PAYROLL: PR #13 $428, TOTAL PAYROLL DISBURSEMENTS: $ 428, PETTY CASH: TOTAL PETTY CASH DISBURSEMENTS: $ 0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR audit: $6,655, Seconded: Kesner

14 XXX. BE IT RESOLVED, that proposed Local Law #1, 1998, be removed from the table and adopted as follows: Local #12, 1968 entitled Shopping Centers and Other Areas of Assembly: Traffic Regulations shall be amended as follows: Section shall be further amended by adding thereto the following new location: Tony s Drive-In 3804 Lakeshore Road Blasdell, New York Seconded: Quatroche XXXI. BE IT RESOLVED, that the Town Board approve the termination and hiring of personnel for the Buildings and Grounds Department as follows: 1. Michael Sullivan Seasonal Laborer 06/29/98 Terminate 2. Russell Cieslica Terminate 3. Louis Pinto Terminate 4. John Grup Seasonal Laborer 06/29/98 $6.00 Moved: Quatroche

15 XXXII. WHEREAS, bids were publicly opened on July 16, 1998 for the Town of Hamburg Recreation Center Multi-purpose Sports Floor, and WHEREAS, the bids received are summarized as follows: Bidder Base Bid (All Deducts) Alt. #1 Alt.#2 Alt.#3 Lifestyle Sports $99, $5, ,000. 2,400. Sport Court of NY/CT $87, $9, ,600. 4,400. Patterson Stevens $84, $8, ,300. 3,200. WHEREAS, the bids have been reviewed by Ronald C. Hosken, Architect, and based upon said review is recommending that a contract be awarded to Sport Court of NY/CT in the amount of $65,130.00, the total of which is arrived at as follows: Base Bid: $87, Deduct Alt. #2 -$22, Contract Amount $65, NOW THEREFORE BE IT RESOLVED, that JGD Corp. D.B.A. Sport Court of NY/CT be awarded a contract for the Multi-purpose Sport Floor at the Town of Hamburg Recreation Center in the amount of $65,130.00, and BE IT FURTHER RESOLVED, that the architect be authorized to issue the Notice of Award and Notice to Proceed at the appropriate times, and BE IT FURTHER RESOLVED, that funding is available from a grant from the New York State Office of Parks, Recreation and Historic Preservation. Seconded: Quatroche Supervisor Hoak wants to thank Assemblyman Smith and Senator Volker for helping to get the funding for this. Councilman Quatroche also wants to thank Councilwoman Kesner as the Recreation Liaison she put a lot of work into securing funding for this. Councilman Cavalcoli explains that the next two resolutions have to do with the formation of the Highland Acres Sewer District and the designation of where the sewage will go. There was a public meeting that was held by the Highland Acres - Osborne/Sagamore Taxpayers Assoc. on the 16th of the month and there were approx. 135 people in attendance. That meeting was to discuss the NYSERDA study which funded 50% of this project to try and ascertain the most efficient, cost effective way of carrying the sewage from Highland Acres and perhaps the whole northend of the community. The results of the NYSERDA sturdy were presented by the Town Engineer, Gerard Kapsiak and Consultant, Tom Wetham, Malcolm Pirnie & Associates. The presentation showed three options: #1 was to take everything to Blasdell, #2 was to take everything to Southtowns and #3 was to take Highland Acres to Southtowns immediately and the rest of the Osborne/Sagamore area as well as the Village of Blasdell to Southtowns in the year As a result of all the information, the Town is ready to act on behalf of the Highland Acres residents. They have spoken loud and clear as to what there needs are. This will greatly reduce the problems at Woodlawn Beach. As a result of this study, the report clearly shows, that the sewage should be taken to Southtowns. The first resolution deals with the formation of the Sewer District and the second calls for a mandatory referendum which will allow the residents of Highland Acres to vote on whether they want to go to Southtowns or not. The Board decided, on behalf of the residents of Highland Acres, that they would give the residents the opportunity to vote themselves and they would set up to mandatory referendum This will be held September 22nd at the Big Tree Fire Hall. It is only eligible to the property owners of Highland Acres. The polls will be open from 6:00 a.m. to 9:00 p.m. A yes vote says the resident wants to form the Sewer District and have the sewage go to Southtowns. A no vote would be that they don t want to form the Sewer District or go to Southtowns.

16 Assemblyman Smith comments that he was born in Highland Acres and he feels that this is a milestone and he credits the Town Board on this. They have discussed this Sewer District for many years, it has come before many Town Boards. He wants to state publicly that they have made a major step forward to get sewers for this well needed and deserved area. He knows that they have been subjected to a lot of criticism from various other agencies. He wants to commend them because they have looked at a broader picture. They looked at the impact of this sewer system for the Village of Blasdell residents as well as the Town residents outside the Village. He asks that they take the figures from this study and share it with the entire residents of the Village of Blasdell and the Town residents so that everyone has an honest and true statement of the facts for the future of that area. Councilman Cavalcoli comments that it is the Boards intention to take the opportunity to present all this information in a fair and unbiased manor to the residents in the Village of Blasdell and Osborne-Sagamore and anyone else who would like to attend. He then thanks all the people who have worked so hard on this and commends the Town Board for having the diligence to stay with this. He also thanks Gerry Kapsiak for all the work he has put into this.

17 Gary Wojak, Grafton Ave., questions who will be in charge of the Election so they can be assured only the property owners can vote. Councilman Cavalcoli responds that George Danyluk, Town Clerk, will monitor that. They will have a set of records to verify this information. In August he will move a resolution which will actually designate the Election Inspectors and Ballot Clerks. Councilwoman Hochul clarifies that they can only give one option, by law, as to where the sewage will go. If this is turned down then they are back to square one. They cannot however, give a choice between Southtowns and Blasdell, just so the public is aware. Councilman Cavalcoli states that the advantage of doing this is that it saves a minimum of 35 days in the whole process. They want to do everything they can to speed up the process. He then asks Mr. Kapsiak, if this referendum were to be successful in September, what steps would they have to follow in the meantime. Mr. Kapsiak responds that in the meantime Malcolm Pirnie will continue with the design. This way they will be ready to put this out to bid. The Town Board will hold a Public Meeting the Monday following the Election and if there is a positive result they can then pass the final action to go ahead with this. Carl Kofod questions if they would comment on the fact that there was an article in the paper stating that there are threats of a lawsuit concerning the biasness of the study and that this will hurt the Village of Blasdell. Supervisor Hoak responds that last Wednesday night a resolution was passed concerning the validity of the study and to pursue legal action against the Highland Acres residents and the Town of Hamburg and any potential residents who might consider going to Southtowns. He was very disappointed in this. They questioned the study completed by the only Engineering firm in Western New York eligible and endorsed by the State to do this study, that being Malcolm Pirnie. Malcolm Pirnie was contracted out by the Village of Blasdell on previous work and they were solicited by the Town to do this unbiased independent study. He feels it is intimidation to the residents of Highland Acres. To this date they have received no correspondence from the Village of Blasdell to justify any type of lawsuit. He has a release that he shares with the public. The Town of Hamburg is going to file for a Freedom of Information Act request with the Village of Blasdell in an effort to receive long sought after documents that the Village possesses. The Village claims that they have resolutions and contracts stating Highland Acres residents are legally obligated to go to the Blasdell Solid Waste Treatment Plant rather than Southtowns. They have tried for years to obtain copies of these contracts and resolutions which Village Officials claim exist. The attorney for the Village of Blasdell claims that the Town should have copies of this on file, however, Mr. Kapsiak has spent numerous hours going through our records to try and find these alleged documents. They will be contacting Village of Blasdell taxpayers association for an open meeting to share this information. Councilman Quatroche states that at the meeting of the Village of Blasdell on Wednesday it was implied that the Board has slammed the door to talks and this is not true. They came to the Board at the last minute stating that they might have another deal for the Town and never put the deal on the table. This Town Board has done nothing but ask for cooperation from the Village of Blasdell and then not received information or communication from them. Councilman Cavalcoli comments that the difficult part for everyone is that they have worked to negotiate various types of deals (a sharing) and any time they came to the table to discuss these things with the Village of Blasdell they had demands that were unreasonable. Right up until the very end they never said that they had a problem with the study, they asked for clarifications which were discussed with them and never once was it mentioned that they were going to sue the Town. Councilwoman Hochul states that this Town Board will not be intimidated by the threat of a lawsuit. Gary Wojak comments that he has a copy of the letter from the Village of Blasdell and he wants this question addressed They are going to take legal action against the Town of Hamburg and other potential responders as may be legally required to protect the integrity of the Blasdell Wastewater Treatment Plant and the services it affords to all recipients residing within and outside the confines of the Village of Blasdell. Does that include the Town of Hamburg, County of Erie, State of New York also? This is the question he wants answered.

18 Councilwoman Kesner comments that the good news is that on September 22, 1998 the residents have an opportunity to send their voice loud and clear on their preference. She urges them to be there and let the Village representatives know where they want their sewage treatment. Correspondence Letter #92 - Supervisor Hoak wants to bring to the publics attention that the WNY Developmental Disabilities Services will be proceeding towards development of property at 4118 Sowles Road as a community residence. Letter #93 & 97 - Supervisor Hoak asks that the Chief place a copy of these in the personnel files of the Police Officers being thanked. Letter #100 - Supervisor Hoak thanks Phil Best and the United Council of Taxpayers. Late Correspondence Councilman Quatroche refers to a letter from Lakeview Athletics commending James Connolly, Martin Denecke, Kurt Hermann, Bill Ferro and Bill Norman and stating that they have been very understanding and helpful in the process of Lakeview Athletics. He asks that a copy of this be placed in the personnel files of these individuals. He thanks Mr. Connolly for an excellent season, in the five years he has been the liaison to the Buildings and Grounds Department this has been the best season with the least amount of complaints and many people commending the Department. Councilwoman Hochul adds that the baseball diamonds out at the Nike site are professionally maintained. Reports from Board Members and Department Heads Councilman Cavalcoli comments that beyond Highland Acres there is still the issue of Osborne- Sagamore Heights and the Village of Blasdell and what they may wish to do in the future, but that is separate from the Highland Acres issue. Mr. Kapsiak comments that there has been questions at previous meetings on the water pressure along Scranton - Maelou Drive area. After the Town recently replaced the waterline on Scranton and put a new check valve chamber in the front of Town Hall the Water Authority has taken measures to upgrade the pressures into the Scranton - Maelou Drive area. It is his understanding that the pressures have increased and the immediate problem in that area has been solved. With the upcoming project to replace the waterlines on Fairgrounds Road this should extend the higher pressure towards Fairgrounds - Sowles area. Councilwoman Kesner comments that this weekend the Woodlawn Fire Company will hold its annual Community Days. They will be dedicating their new fire truck and she invites everyone to attend. On August 4th Blasdell will be sponsoring their annual Night Out, this is a joint effort between the Village of Blasdell and Hamburg Police Department. She received an honor on July 15th from the Big Tree Vol. Fire Company she was voted by the membership to be an honorary member, it is the first time that a woman has been given this award in the history of the Fire Company. Councilwoman Hochul announces that this Thursday, July 23rd the Town Rejuvenation Project will be hosting its annual fund raiser at Oscar s. They are looking for funds for a new sign at the Town Park and to upgrade the Wanakah Waterworks Building. Councilman Quatroche comments that they have been exploring computerization at Town Hall and they want to get on the Internet. They will be sending proposals out to firms requesting a proposal for Internet service and maintenance. These must be received no later than 4:30 p.m. August 14, The second phase of this will be project management services with implementation of a short term computerization project. These will be opened at 11:00 a.m. in the computer room and must be received prior to the opening. He wants to thank Jim Spute, Bob Hutchison and Gerry Kapsiak. Supervisor Hoak comments that this has been a forty year process to get to this point with the Blasdell Sewer District. Councilman Cavalcoli has been a leader in his fourteen years on this Board. He has met with Osborne-Sagamore Taxpayers, Highland Acres residents, Meyers Subdivision, Village of Blasdell residents, NYSDEC, and meeting with Mr. Kapsiak almost weekly for a number of years and on behalf of the Town he would like to thank him for his work.

19 Business from the Floor Steve Strnad wants to inquire if there is a list of homeowners associations. He would like a copy of this. Councilman Cavalcoli responds that the Planning Board has a list of the officers and the associations at Briarwood and they will get as many others as they can for him. XXXV. RESOLVED, that the Town Board adjourn to Executive session at 9:30 p.m. Seconded: Cavalcoli