RESOLVED, that the Town Board adjourn Executive Session at 7:01 p.m. and open the regular meeting.

01/24/2011 Town Board Meeting Hamburg, New York 1 A regular Town Board meeting of the Town of Hamburg, County of Erie and State of New York was held at the Town Hall, 6100 South Park Avenue, Hamburg, New York on the 24th day of January 2011. 1. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board adjourn Executive Session at 7:01 p.m. and open the regular meeting. ROLL CALL: Steven J. Walters Supervisor Joseph A. Collins Councilman Jonathan Gorman Councilman Amy J. Ziegler Councilwoman ALSO PRESENT: Catherine Rybczynski, Town Clerk; Kenneth Farrell, Town Attorney; Gerard Kapsiak, Town Engineer; Mary Dosch, Sr. Account Clerk; Michael Williams, Chief of Police; Kurt Allen, Supervising Code Enforcement Officer; Tom Best, Sr, Highway Superintendent; Martin Denecke, Director of Recreation; Drew Reilly, Planning Consultant; Christopher Hull, Director of Community Development; Robert Hutchison, Town Assessor, Town Assessor; Jerry Giglio, Traffic Safety Coordinator; Brian Doyle, Deputy Town Attorney The Pledge of Allegiance was recited. Information on location of Fire exits was provided. Supervisor Walters asks for a moment of silence for Jarrett Eliam, a member of the Big Tree Volunteer Fire Co., who passed away during a training exercise. Suzanne McKinney, Character Council of WNY, announces that the Character Trait for December 2010 is Sensitivity. Their definition of Sensitivity is perceiving the true actions and emotions of those around me. One individual that exemplifies this definition is Tim Hortons store manager, Joanne Gemmati. The nomination was made by Christina Denesco, Spanish Teacher, Frontier High School. Joanne is now presented with the Sensitivity recognition for December 2010. Catherine Rybczynski, Town Clerk, reads the following notice as published in the Hamburg Sun and the Front Page:

01/24/2011 Town Board Meeting Hamburg, New York 2 LEGAL NOTICE TOWN OF HAMBURG NOTICE OF HEARING ON PROPOSED LOCAL LAW #17, 2010 PLEASE TAKE NOTICE that there has been presented to the Town Board of the Town of Hamburg on December 13, 2010, pursuant to the Municipal Home Rule Law, proposed local law #17, 2010; entitled Home Occupation and Business Law, this local law will provide for a new section to be added to Ch. 280 of the Town Code of the Town of Hamburg entitled "Zoning". The Home Occupation and Business Law regulations seek to balance the need of some individuals to work at home with rights of other individuals to enjoy the residential character of their neighborhood and their private property. Further, the purpose of the Home Occupation and Business regulations is to protect the health, safety, and welfare of the neighborhood residents and the preservation of the neighborhood as a comfortable place for the people who live there. It is also the intent and purpose of these regulations to provide for certain types of restricted occupational uses within residential districts. Only such uses will be allowed which: 1. Are incidental to the use of the premises as a residence; 2. Are compatible with residential uses; 3. Are limited in extent; and 4. Do not detract from the residential character of the neighborhood. A detailed copy of the proposed law will be available, for public review, during regular business hours at the following locations: HAMBURG TOWN HALL -2 Locations Town Clerk s Office/upper level & Planning Department/lower level) 6100 South Park Avenue Hamburg, New York 14075 And may also be found at the Town s website: www.townofhamburgny.com Click on Legal Notices & Bid 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 the 24 th day of January, 2011 at 7:00 p.m. (local time), at which time all interested persons may be heard. Dated: December 13, 2010 CATHERINE RYBCZYNSKI Town Clerk Town of Hamburg

01/24/2011 Town Board Meeting Hamburg, New York 3 Drew Reilly, Planning Consultant, explains why they are proposing this and that they are looking for input. The following spoke concerning the cost of a permit and annual renewal: Steve Strnad Drew Reilly comments no cost has been decided. Kurt Allen comments that cost will be a function of the terms of regulation for home businesses. The following comments on a Real Estate Office as a home Business: Ferd Garcia, Drew Reilly The following spoke concerning a renter with a Home Occupation: George Lee Kurt Allen responds the Home Occupation/Business would be assigned to the renter/tenant. The following spoke concerning fines for noncompliance: Joe Kilian, Drew Reilly, Supervisor Walters No one spoke in favor or against this public hearing. Supervisor Walters announces that they are looking for public input, through letters, phone calls or e-mail to the Planning Department or Town Clerk s Office. This will be extended for the next 20 days. 2. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board close the public hearing. Catherine Rybczynski, Town Clerk, reads the following public notice as published in the Hamburg Sun and the Front Page:

01/24/2011 Town Board Meeting Hamburg, New York 4 LEGAL NOTICE TOWN OF HAMBURG NOTICE OF HEARING PROPOSED LOCAL LAW # 16, 2010 PLEASE TAKE NOTICE that there has been presented to the Town Board of the Town of Hamburg, on December 13, 2010, pursuant to the Municipal Home Rule Law, a proposed local law to be known as proposed local law #16, 2010; this local law provides for the amendment of Local Law #12, 1968, entitled Shopping Centers and Other Areas of Assembly: Traffic Regulations; by adding thereto one new location as follows: Burger King 4175 McKinley Parkway Blasdell, New York 14219 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 the aforesaid law, at the Hamburg Town Hall, 6100 South Park Avenue, Hamburg, New York, at 7:00 p.m. (local time) on the 24th day of January, 2011, at which time all person interested may be heard. Dated: December 13, 2010 Catherine Rybczynski Town Clerk Supervisor Walters comments that this is a common parking lot, questions how this will be marked and enforced. Kurt Allen responds that it is essential that they get together with the property owner to delineate this area, particularly Burger King, before this is formally adopted. Ken Farrell responds that they should take the lead of the person making the request and review the plan. They will have more latitude in that if it they do not follow up with that. No one spoke in favor or against the public hearing. No action will be taken on this matter until such time as the Building Department presents to the Board a proposal addressing the concerns brought up by the Board.

01/24/2011 Town Board Meeting Hamburg, New York 5 3. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board close the public hearing. 4. On a motion of Councilman Gorman, seconded by Councilman Collins, the following RESOLVED, that the Town Board remove from the table, resolution No. 2 from the Town Board meeting of January 10, 2011 concerning minute approval. 5. On a motion of Councilman Gorman, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the minutes of the following meetings: 12/06/2010 Work Session 12/13/2010 Town Board Meeting 12/29/2010 Year End Meeting 01/03/2011 Organizational Meeting 01/10/2011 Town Board Meeting

01/24/2011 Town Board Meeting Hamburg, New York 6 6. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the membership of the following into the Armor Volunteer Fire Company, Inc.: Jonathan Coric Derek Filipak Michael Ruesch 5735 High St. 14 Sugarbush 5249 Bussendorfer Hamburg, N.Y. 14075 Orchard Park, N.Y. 14127 Orchard Park, N.Y. 14127 Michael Fumerelle Ashley Schmid (limited) Jacob Cislo (limited) 4470 Parker Road 18 Short Dr. 4471 Woodside Hamburg, N.Y. 14075 Orchard Park, N.Y. 14127 Hamburg, N.Y. 14075 Rachel Fancher (limited) 4708 John Michael Way Hamburg,N.Y. 14075 Also note: Thomas Taberski, President Armor Volunteer Fire Co., is the Official Liaison between the Fire Company and the Town of Hamburg. 7. On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following BE IT RESOLVED, that the request to rezone certain properties on Southwestern Boulevard be removed from the table.

01/24/2011 Town Board Meeting Hamburg, New York 7 8. On a motion of Councilman Collins, seconded by Councilman Gorman, the following WHEREAS, the Town of Hamburg has received correspondence from residents and property owners on Southwestern Boulevard, between the new Lowes Store and Howard Road, requesting that their property be rezoned to commercial in accordance with the Town s Comprehensive Plan, and; WHEREAS, the Town Board held two public hearings on potential different rezoning concepts of these lands and has completed the SEQR coordinated review process, and WHEREAS, based on continued input from property owners and surrounding residents, the Code Review Committee recommended a rezoning plan that addresses the comments received at the public hearings and from the property owners, and WHEREAS, this rezoning plan includes rezoning 4888, 4882, 4876, 4870, 4862 Southwestern Boulevard and the small vacant parcel to the east of 4862 Southwestern Boulevard and includes a buffer zone of 50 feet along the rear of all these properties, and WHEREAS, the Hamburg Town Board, in accordance with the State Environmental Quality Review Act (SEQRA) has reviewed the criteria in Section 617.7 (c) and has determined that this rezoning will not adversely affect the natural resources of the State and/or the health, safety and welfare of the public and is consistent with social and economic considerations. NOW, THEREFORE, BE IT RESOLVED, that the Town of Hamburg Town Board, acting as the SEQR Lead Agency for this action, does hereby determine that the proposed rezoning is not anticipated to result in any significant adverse environmental impact and that a Negative Declaration is hereby issued.

01/24/2011 Town Board Meeting Hamburg, New York 8 9. On a motion of Councilman Collins, seconded by Supervisor Walters, the following WHEREAS, the Town of Hamburg has received correspondence from residents and property owners on Southwestern Boulevard, between the new Lowes Store and Howard Road, requesting that their property be rezoned to commercial in accordance with the Town s Comprehensive Plan, and; WHEREAS, this rezoning plan includes rezoning 4888, 4882, 4876, 4870, 4862 Southwestern Boulevard and the small vacant parcel to the east of 4862 Southwestern Boulevard and includes a buffer zone of 50 feet along the rear of all these properties, and WHEREAS, the Town has issued a Negative Declaration in accordance with the New York State Environmental Quality Review (SEQR) process for this proposed rezoning. NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Hamburg hereby rezones the lands located at 4888, 4882, 4876, 4870 and 4862 Southwestern Boulevard and the small vacant parcel to the east of 4862 Southwestern Boulevard from R-2 to C-1, with the following conditions: 1. Any development of these properties will require a 50 foot buffer at the rear of the properties in the form of a conservation easement. 2. If an appropriate plan is presented for the development of the aforementioned properties, along with the inclusion of 4828 Southwestern Boulevard, and 4828 Southwestern Boulevard is rezoned to Commercial, the 50 foot buffer requirement can be removed. An appropriate buffer would then be placed upon the 4828 Southwestern Boulevard property. 3. Development of these properties into commercial uses will necessitate principles of access management (minimizing curb cuts onto Southwestern) which will be enforced during Site Plan review. BE IT FURTHER RESOLVED, that the Zoning Code of the Town of Hamburg be amended as follows: To amend Local Law # 10 of the year 1986 of the code of the Town of Hamburg Chapter 280 entitled Zoning to provide for a change in the boundary of the Zoning map whereby the Zoning is changed from R-2 (Single Family Residence - Attached District) to C-1 (Local Retail Commercial District) for the properties located at 4888, 4882, 4876, 4870, 4862 Southwestern Boulevard and the small vacant parcel to the east of 4862 Southwestern Boulevard.

01/24/2011 Town Board Meeting Hamburg, New York 9 10. On a motion of Councilman Gorman, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the hiring and termination of personnel for the Town Clerk s Office as follows: 1. Morford, Rosina Clerk P/T 01/22/2011 Terminate 2. Morford, Rosina Clerk P/T Seasonal 01/24/2011 $9.78 3. Coffey, Molly Clerk P/T 01/22/2011 Terminate 4. Coffey, Molly Clerk P/T Seasonal 01/24/2011 $9.59 5. Braun, Sharon Clerk P/T Seasonal 01/25/2011 $9.75 11. On a motion of Councilman Collins, seconded by Councilwoman Ziegler, the following WHEREAS, the Town of Hamburg received a request from EduKids, Inc. to rezone three vacant parcels on Cloverbank Road just east of Lakeshore Road from R-2 to NC (Neighborhood Commercial), and WHEREAS, the Code Review Committee reviewed the application and found merit in the rezoning of this property; and WHEREAS, the Hamburg Town Board referred this request to the Planning Board on December 13, 2010; and WHEREAS, on January 19, 2011 the Hamburg Planning Board issued a positive recommendation to the Town Board regarding this request; NOW, THEREFORE, BE IT RESOLVED, that the Hamburg Town Board hereby schedules a public hearing to be held on February 14, 2011.

01/24/2011 Town Board Meeting Hamburg, New York 10 12. On a motion of Councilman Gorman, seconded by Councilman Collins, the following BE IT RESOLVED that a public hearing be scheduled to consider an amendment to Local Law #12, 1968, Shopping Centers and Other Areas of Assembly. This amendment would provide for the addition of the following new location: Berkley Place Association, Inc. 4330 and 4331 Berkley Place Hamburg, NY 14075 The hearing is scheduled for February 14, 2011 at 7:00 p.m. 13. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approve the hiring and termination of personnel for the Youth, Recreation & Senior Department as follows: 1. Zoda, John Rec. Attd. P/T (A7180.215) 01/24/2011 Terminate 2. Felice, Matthew Rec. Attd. P/T (A7180.215) 01/24/2011 Terminate 3. Cleary, Kristin Rec. Attd. P/T (A7180.215) 01/24/2011 Terminate 4. Hatton Casey Rec. Attd. P/T (A7310(320) 01/25/2011 $7.39 5. Lorusso, Joseph Rec. Attd. P/T (A7310(320) 01/25/2011 $7.39 6. McFall, John T. Jr. Rec. Attd. P/T (A7310(320) 01/25/2011 $10.50 7. Brunner, Heidi Rec. Attd. P/T (A7310(320) 01/25/2011 $10.00 8. Sullivan, Patrick Van Driver (A6772.100) 01/25/2011 $9.00 9. Kowal, Darleen Rec. Attd. P/T (A6780.100) 01/24/2011 Terminate 10.Kowal, Darleen Rec. Attd. Seasonal 01/25/2011 $8.16 11. Harms, Frances Clerk Typist P/T (A772.100) 01/24/2011 Terminate 12. Harms,Frances Clerk Typist Seasonal 01/25/2011 $10.15

01/24/2011 Town Board Meeting Hamburg, New York 11 14. On a motion of Councilman Collins, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approve the advertising of a legal notice for a bid for One (1) new and unused sedan for the Code Enforcement Department. Funds are available in Account A3620.203. 15. On a motion of Councilman Collins, seconded by Councilman Gorman, the following WHEREAS, the Town of Hamburg has recognized the need for affordable housing within the township, and WHEREAS, the Town of Hamburg Department of Community Development has always been pro-active with affordable housing programs and projects within the town, and WHEREAS, the Town of Hamburg 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 Department of Community Development. 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 roofing and electrical permit fees as well as any and all building permit fees, recreation fees, sewer and plumbing permit fees and all other applicable fees. BE IT FURTHER RESOLVED that the total amount of fees waived be utilized as a match credit for the Department of Community Developments HOME Investment Partnership Program. 16. On a motion of Councilman Gorman, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the termination of personnel for the Justice Court as follows: 1. McNulty, Ruth P/T Clerk 12/15/2010 Terminate

01/24/2011 Town Board Meeting Hamburg, New York 12 17. On a motion of Councilman Gorman, seconded by Supervisor Walters, the following WHEREAS, the Town of Hamburg desires to enter into an agreement with Professional Risk Organizers, Inc., to conduct a complete review of the Town's retrospective rating plans with the State Insurance Fund to determine if any refunds are due the Town, and WHEREAS, there will be no fee for this service if Professional Risk Organizers, Inc. is unable to obtain any refund or credit due the Town by the State Insurance Fund, NOW THEREFORE BE IT RESOLVED that the Town of Hamburg enter into an agreement with Professional Risk Organizers, Inc., and BE IT FURTHER RESOLVED that Supervisor Steven Walters is authorized to sign the agreement on behalf of the Town of Hamburg. 18. On a motion of Councilman Gorman, seconded by Councilwoman Ziegler, the following BE IT RESOLVED, the Honorable Judge Gerald P. Gorman be allowed to attend the Association of Towns meeting held in New York City 02/18/2011 to 02/23/2011 with an estimated cost of $1200.00. These classes are required by the Office of Court Administration for the judges to keep current in changes in procedure and new legislation.

01/24/2011 Town Board Meeting Hamburg, New York 13 19. On a motion of Councilwoman Ziegler, seconded by Supervisor Walters, the following RESOLVED, that the Town Board approve the building rental fee structure for Woodlawn Beach State Park as recommended by the Recreation Department. PEAK SEASON: May - September and December Weekdays (Monday-Thursday, Friday daytime) -Day / Full Floor $300.00 -Day / Divided Floor $200.00 2 hr. Day / Divided Floor $125.00 -Evening / Full Floor $500.00 -Evening/ Divided Floor $300.00 Weekends / Holidays (Friday evening, Saturday and Sunday) -Day / Full Floor $400.00 -Day / Divided Floor $300.00 2 hr. Day / Divided Floor $175.00 -Evening / Full Floor $750.00 -Evening / Divided Floor $400.00 OFF SEASON: January April, October and November Weekdays -Day / Full Floor $150.00 -Day / Divided Floor $100.00 2 hr. Day / Divided Floor $ 75.00 -Evening / Full Floor $250.00 -Evening / Divided Floor $150.00

01/24/2011 Town Board Meeting Hamburg, New York 14 Weekends / Holidays -Day / Full Floor $200.00 -Day / Divided Floor $150.00 2 hr. Day / Divided Floor $100.00 -Evening / Full Floor $400.00 -Evening / Divided Floor $300.00 PREMIUM HOLIDAYS: Easter / Thanksgiving / Christmas Day Full Day / Full Floor Only $1,200.00 The following spoke concerning resolution No. 20: Councilman Gorman, Councilman Collins, Steve Strnad, Supervisor Walters, Ferd Garcia, Ken Farrell, Ferd Garcia, George Lee, Pat McAnaney 20. On a Motion of Supervisor Walters, with a unanimous second, the following proclamation was

01/24/2011 Town Board Meeting Hamburg, New York 15

01/24/2011 Town Board Meeting Hamburg, New York 16 21. On a motion of Supervisor Walters, seconded by Councilwoman Ziegler, the following RESOLVED, that the Town Board approve the Audit of Cash Disbursements as follows: TOWN BOARD JANUARY 24, 2011 AUDIT OF CASH DISBURSEMENTS OPERATING FUND: VOUCHER #'S BATCH #1 $36,800.56 45465-45537 BATCH #2 $505,329.11 45538-45667 BATCH #3 $25.00 45454 BATCH #5 $15,000.00 45457 BATCH #6 $787.00 45668 BATCH #7 $277,114.45 UNPROCESSED TOTAL OPERATING FUND DISBURSEMENTS: $836,888.16 TRUST & AGENCY: TOTAL TRUST & AGENCY DISBURSEMENTS: $0.00 CAPITAL FUND DISBURSEMENTS: BATCH #1 $283,720.50 45459-45464 TOTAL CAPITAL FUND DISBURSEMENTS: $283,720.50 PAYROLL: PR #P/R #2 $674,387.23 TOTAL PAYROLL DISBURSEMENTS: $674,387.23 PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $1,794,995.89

01/24/2011 Town Board Meeting Hamburg, New York 17 Reports from Town Board Members and Department Heads Councilwoman Ziegler wants to acknowledge people who were very generous in regards to the passing of firefighter Jarrett Eleam. Keith of Niagara Scenic generously donated the bus services to take the firefighters so they could be with Jarrett s family. She also wants to publicly thank Wegman s and Superintendent Tom Best for their generosity in donating food and beverages for the bus ride to Pittsburgh. Councilman Collins comments that they should always keep in mind our first responders, it is a difficult job. Supervisor Walters reports that this Saturday, January 29, at 10:00 am at the Frontier High School there will be a memorial service for Jarrett. The community should show support for him and his family just like he showed support for our community by volunteering for the fire service. Catherine Rybczynski, Town Clerk, announces that today they held a Veterans Outreach with representatives from the Veterans Administration and Buffalo State Small Business Administration. She received a report from Tracy Kinn, Veterans Advocate, stating they registered 30 people and were so pleased they want to do it again. Christopher Hull, Director of Community Development, reports that the 2011 Town of Hamburg Draft consolidated Action Plan is available for public review on the Town of Hamburg website at the Community Development Departments webpage. Hardcopies of the Town of Hamburg s Draft Action Plan are available for review at the Town Clerk s Office and at the Department of Community Development as well as at the Erie County Public Libraries. The public hearing on the Town of Hamburg s Draft Action Plan is this Wednesday night at 7:00 p.m. in Conference Room #3. Tom Best, Highway Superintendent, reports that the new storage facility is in the final stages of completion and they are at or even a little under budget. Pat McAnaney, Bingo Inspector, reports that numbers are down, support your local Bingo. Business from the Floor The following spoke concerning the rezoning on Southwestern: Dogwood residents Supervisor Walters clarifies that the 6 properties up front on Southwestern are rezoned and the odd shaped L property is not being rezoned. The owner declined the proposal. Future proposals to rezone would require another public hearing.

01/24/2011 Town Board Meeting Hamburg, New York 18 22. On a motion of Supervisor Walters, seconded by Councilman Gorman, the following RESOLVED, that the Town Board adjourn at 8:05 p.m. Catherine A. Rybczynski, Town Clerk