6-B    LEGAL NOTICES

1.   Proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 451 MEYER ROAD, BEING PART OF LOT NO. 91, CHANGING ITS CLASSIFICATION FROM M-2 TO M-2(S), FOR A 14' X 48' OUTDOOR ADVERTISING DISPLAY" in the Town of West Seneca.       (Seemore Outdoor Media, LLC)

Motion by Councilman Osmanski, seconded by Supervisor Clark, to table Legal Item #1.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to place a six-month moratorium on any new proposals for outdoor advertising displays in the Town of West Seneca.

On the question, Councilman Osmanski stated that if they had opened the public hearing on Legal Item #1, the Town Board would have had to act on it within a certain timeframe. They wanted to leave the item open for future consideration, but they were presently in the midst of negotiating a contract with some firms to do the town's master plan, and part of it would include amendments to the town code with regard to outdoor advertising displays.

2.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER THE IMPROVEMENT OF FACILITIES OF WEST SENECA WATER DISTRICT NO. 3 CONSISTING OF THE CONSTRUCTION AND REPLACEMENT OF APPROXIMATELY 400 LINEAR FEET OF 8-INCH PVC WATER MAIN ON THE WEST SIDE OF ELMSFORD COURT AND AROUND THE ELMSFORD COURT CUL-DE-SAC TOGETHER WITH NECESSARY APPURTENANCES" in the Town of West Seneca, be received and filed.

6-B    LEGAL NOTICES

Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.

Town Attorney Tim Greenan stated that Town Engineer George Montz had completed and filed with the Town Board a preliminary map plan and report for the improvement of facilities of West Seneca Water District No. 3 and established the total cost to be approximately $30,000. After identifying and considering the relevant areas of environmental concern, the Town Board issued a negative declaration under SEQR indicating that the improvements would not have a significant impact on the environment.

Mr. Montz noted that the cost of $30,000 would be paid by West Seneca Water District No. 3. Averaging this cost over a ten year period, the annual cost for a typical 65-foot lot would be under $1 per year.

No comments were received from the public.

Motion by Supervisor Clark, seconded by Councilman Hicks, to close the public hearing.

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize the improvement of facilities of West Seneca Water District No. 3 consisting of the construction and replacement of approximately 400 linear feet of 8-inch pvc water main on the west side of Elmsford Court and around the Elmsford Court cul-de-sac together with necessary appurtenances.

6-C   COMMUNICATIONS

1.   Supervisor Clark re Status change for part-time Community Development Loan Officer Anthony DiPiano

Motion by Councilman Osmanski, seconded by Supervisor Clark, to change the status of Community Development Loan Officer Anthony J.G. DiPiano from part-time to part-time seasonal effective April 2 - September 2, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Town Attorney re CDBG project agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to enter into an agreement with Erie County entitled "2002-2003 Community Development Block Grant Community Project Agreement."

6-C    COMMUNICATIONS

3.   Town Attorney re Inter-Municipal Water Supply agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute an inter-municipal agreement between West Seneca Water District #9 and Orchard Park Water District #15 whereby West Seneca Water District #9 agrees to provide water to a certain area of Orchard Park Water District #15 in consideration of Orchard Park Water District #15 paying for water usage and contributing to maintenance and capital improvement of facilities.

4.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $3000 to SJB Services Inc. for test borings at several locations within the town.

5.   Highway Supt. re Perfect attendance bonus for part-time laborers at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Graber, to approve a perfect attendance bonus in the amount of $.50 per hour for the following part-time laborers at the Ice Rink:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

6.   Highway Supt. re Seasonal status for part-time laborers in Bldgs & Grounds

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following Buildings & Grounds Department laborers from part-time to part-time seasonal effective April 8 - September 9, 2002:

and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

6-C    COMMUNICATIONS

7.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of the following vouchers for the Highway Department:

8.   Chief Gehen re Retirement of Captain of Detectives Florian Jablonski

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the retirement of Florian Jablonski and terminate him as Captain of Detectives effective April 2, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Captain Jablonski is retiring after 39 years of serving the community.

9.   Chief Gehen re Appointment of Edward Jarka as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Edward H. Jarka as part-time Public Safety Dispatcher at a rate of $8.95 per hour effective April 9, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Chief Gehen re Appointment of Joan Goetz as part-time Crossing Guard

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Joan Goetz as part-time Crossing Guard at a rate of $15.96 per day effective April 9, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Chief Gehen re Network upgrade

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of a Dell PowerEdge 2500 server at the state contract price of $4533.00; Novell 6.0 OS software at a cost of $1595.00; Zenworks software at a cost of $909.00; and backup Exec v9 with open file option software at a cost of $940.00, for a total cost of $7977.00; noting that this will finalize the upgrade to the Police Department's computer network.

6-D    REPORTS

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

DRAINAGE SITUATION AT TONY ROME'S

Councilman Osmanski questioned the status of the drainage situation at Tony Rome's.

Building Inspector Bill Czuprynski responded that a summons was issued and the matter was currently in court. He would continue to issue summonses and monitor the situation. Mr. Czuprynski also stated that he would check with Town Prosecutor Dale McCabe for an update.

Town Attorney Tim Greenan stated that as Code Enforcement Officer, Mr. Czuprynski had the authority to issue a summons for a violation. Mr. McCabe prosecuted as directed by Mr. Czuprynski since he actually filed the complaint.

Supervisor Clark directed Mr. Czuprynski to work closely with Mr. McCabe on this matter.

USED CAR DEALER ON CLINTON STREET

Councilman Osmanski requested an update on the situation at the used car dealer on Clinton Street.

Building Inspector Bill Czuprynski responded that summonses had been issued and the matter was in court.

Councilman Osmanski stated that there were many more cars for sale on the lot than there previously was. He requested that Mr. Czuprynski review this for a possible expansion of a non-conforming use.

PAYMENT FOR MUTT MITTS

Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize payment of $1745.78 to Upbeat Inc. for 24 cases of mutt mitts.

NEEDS ANALYSIS FOR POLICE DEPARTMENT & TOWN COURT

Councilman Graber stated that last year the Town Board had made a commitment that they would evaluate the Town Hall, Police Department, Town Court, and facilities in general to determine if more room was needed. He thought that the Police Department was in dire need of additional space.

Motion by Councilman Graber, seconded by Supervisor Clark, to initiate a facility needs analysis and improvement plan for the Police Department and Town Court and establish a committee consisting of Chief Edward Gehen, former Chief John Miskovski, Town Attorney Tim Greenan, Comptroller Chuck Koller, Town Justice Wallace Piotrowski, and Councilman Graber to conduct the review, along with members of the community who would be chosen by Chief Gehen.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

NEEDS ANALYSIS FOR POLICE DEPARTMENT & TOWN COURT    (continued)

On the question, Councilman Graber stated that the primary objectives of the committee were to determine an optimum size for the Police Department and Town Court today as well as 20 years into the future, improve the safety of town residents and employees, modernize prisoner lockup and security, and improve energy efficiencies of the facilities, all of this while minimizing the financial impact to town taxpayers. Councilman Graber thought that the project would take two to three years to bring to fruition, but noted that they were not committed to going in any direction in general. They first wanted to establish where they were at, where they needed to go, and what work was required to get there. In the past there was not much grant money available for facilities, but Councilman Graber thought that with the new office of Homeland Security there could be money available in the next few years for municipalities to modernize their facilities. He wanted the town to be in a position to capitalize on any grants that might become available.

Chief Gehen commented that this project was long overdue and stated that he would do whatever he could to assist in developing something adequate for the Police Department and Town Court to operate out of today and in future years. The Police Benevolent Association was open to suggestions with regard to possible fundraising activities to help offset the cost.

Supervisor Clark stated that he had spoken with Assemblywoman Sandra Lee Wirth and she had expressed a willingness to become involved with fundraising for the project. He wanted discussion on the project to be frank and realistic, but did not want to be overly burdensome on the taxpayers. Supervisor Clark commented on the lack of secure space for interviewing juveniles, but stated that although there was a need for additional space, they also had to be prudent. Even though the population had declined, it did not mean that business or police work was any less than it used to be, but they did not want to overdo and had to live within their means. Supervisor Clark hoped that the committee would stay in line with economic realities and look for any grant money and fundraising possibilities.

Chief Gehen stated that he intended to look at the needs of the Town of West Seneca, not the needs of some other municipality, and look at what was feasible for their jurisdiction. He wanted to provide the citizens of the town with something they could be proud of and that fit the financial situation. Chief Gehen stated that when he became a police officer 20 years ago there were plans in the works for a new building, but they fell by the wayside for whatever reason. He thought they were fortunate that they had not had any bad incidents with escorting prisoners through public areas of Town Hall. Chief Gehen further noted that he had spoken with Grantwriter Lucy Curley and she would be investigating the opportunity for grant money based on the Homeland Security Act and watching for anything that became available.

Supervisor Clark stated that when the project was proposed 20 years ago there was a public referendum on the issue and it was defeated because it was thought to be much too lavish in construction and style. The issue was never brought up again until now and although the atmosphere for spending was not the best, he thought the need was clear.

DRAINAGE EASEMENT ON HILLTOP COURT

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to enter into an agreement with the owner of Sublot No. 36 on Hilltop Court which would allow their existing concrete driveway that services the garage at the rear of their home to remain on the 10' wide drainage easement that runs along the north boundary of the property.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

HOME RULE REQUEST FOR LEASE OF PARKLANDS

Town Attorney Tim Greenan commented on a request to lease part of Firemen's Park for a cellular tower and noted that because it was parkland they would need the NYS Senate and Assembly to pass legislation allowing the parkland to be alienated for non-park purposes. Mr. Greenan and the board members had been working with Senator William Stachowski and the rest of the local delegation to have this legislation passed. However, the Town Board needed to pass a Home Rule request authorizing the town and county to discontinue the use of certain parklands and lease such for the construction and operation of a wireless telecommunications base station facility. There was currently a matter pending in the NYS Senate that was introduced by Senator Stachowski and it was also pending in the NYS Assembly.

Motion by Supervisor Clark, seconded by Councilman Graber, that the NYS Senate and Assembly adopt a Home Rule authorizing the town and county to discontinue the use of certain parklands and lease such for the construction and operation of a wireless telecommunication base station facility.

On the question, Supervisor Clark stated that the wireless firm Cricket was completing their network and planning to enter into negotiations with an adjacent property owner. The town suggested that the tower be moved onto the parkland and the taxpayers would then benefit from the financial remuneration. The site was near the old boiler plant toward the west side of the Developmental Center property, so it would not be visually out of character with its surroundings. Supervisor Clark stated that when the property was sold to the Town of West Seneca there was a permanent recreation easement on it, but this request was a common occurrence across the state.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 8:20 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK