17-B    LEGAL NOTICES

1.   Motion by Supervisor Clark, seconded by Councilman Osmanski, to approve the proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUSET FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 1325 ORCHARD PARK ROAD, BEING PART OF LOT NO. 368, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), TO EXPAND AUTOMOTIVE USE" in the Town of West Seneca.          (Marshall A. Lewis)

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its October 15, 2003 meeting, the Planning Board recommended approval of the request for a rezoning and special permit for property located at 1325 Orchard Park Road, being part of Lot No. 368, changing its classification from C-1 to C-2(S), to expand automotive use, with the stipulation that the fence be extended from the rear lot line to the east face of the metal building and greenery be extended toward Orchard Park Road to a point where it would not interfere with the line of sight."

17-B    LEGAL NOTICES

1.    (continued)

Marshall Lewis, 1325 Orchard Park Road, stated that he had purchased additional property next to his used car business and would like to expand his business. Mr. Lewis agreed to the Planning Board stipulation regarding extension of the fence.

Councilman Osmanski questioned the shaded areas on the plot plan and whether more cars would be on display outside.

Mr. Lewis responded that the front corner would be used to display cars and the rear property would be used for storage.

Councilman Graber questioned the commercial car carriers on the property and if the zoning allowed for those vehicles.

Mr. Lewis stated that the commercial car carriers were not permanent on the property. They were used to transport cars for sale out-of-state and bring cars in that were purchased out-of-state.

Building Inspector William Czuprynski advised that commercial car carriers were permitted in a C-2(S) zoning.

No comments were received from the public.

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request for a rezoning and special permit for property located at 1325 Orchard Park Road, being part of Lot No. 368, changing its classification from C-1 to C-2(S), to expand automotive use, with the stipulation that the fence be extended from the rear lot line to the east face of the metal building and greenery be extended toward Orchard Park Road to a point where it would not interfere with the line of sight.

*APPENDICES*

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED BENEFIT BASIS BUDGET (SPECIAL DISTRICTS) AND AD VALOREM BUDGET (GENERAL TOWN BUDGET) FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004" in the Town of West Seneca, received and filed.

17-C   COMMUNICATIONS

1.   Supervisor Clark re Resignation of Anthony DiPiano

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the resignation of Anthony DiPiano and terminate him as part-time Community Development Loan Officer effective November 25, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Nancy Dollard as part-time Community Development Loan Officer effective November 25, 2003 at a rate of $11.30 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17-C    COMMUNICATIONS

2.   Town Engineer re Termination of Maureen Terhart as part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Maureen Terhart as part-time Clerk Typist in the Engineering Department effective October 31, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3.   Town Engineer re Norwood Drive Reconstruction, final change order & acceptance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve final change order #2 for Master's Edge, Inc., 1807 Elmwood Avenue, Buffalo, NY 14207 for a net addition of $650.70 and accept the Norwood Drive Reconstruction Project, Job No. N-0102, at a final contract amount of $733,588.36.

4.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $5416 to ISCO c/o Burgh Schoenenberger for a flow tube and transmitter.

5.   Highway Supt. re Purchases requiring Town Board approval

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

Cyncon (T/G control conversion kit)        $2111.49
Great Plate (entrance doors at Highway Dept. Police Dept. & Engineering Dept.)     $3992.00
Fleet Maintenance (truck repairs)        $1966.03
Penn Detroit Diesel (transmission repairs)       $3360.67

6.   Chief Gehen re Attendance of Captain Fallon & Detective McMahon at Illicit Gambling Info. Conference

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Captain Larry Fallon and Detective Mark McMahon to attend the Illicit Gambling Information Training Conference in Liverpool, New York, December 2 - 4, 2003 at a cost not to exceed $660.

7.   Chief Gehen re Purchase of radar units

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of five (5) Genesis II, K Band, single antenna, radar units at New York State contract pricing of $1427 each plus shipping of $75 for a total cost of $7210 less $1600 for trade-in of old units for an actual expense of $5610.

8.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve budgetary transfer request of $200 from Dispatch Equipment Acct. #01.3120.0211 to Prisoner Meals Acct. #01.3120.0403.

17-C    COMMUNICATIONS

9.   Chief Gehen re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $1707.44 to Arrow Business Forms for Youth Court books and $3450 to Al Ross for D.A.R.E. t-shirts.

10.   Comptroller re Appointment of Catherine Seweryniak as Acct. Clerk Mini Computer Operator, part-time

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Catherine Seweryniak as part-time Account Clerk Mini Computer Operator effective November 25, 2003 at a rate of $9.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Recreation Director re Retirement of Helen Peacock as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the retirement of Helen Peacock and terminate her as part-time Clerk effective October 30, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Recreation Director re Appointment of Helen Peacock as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Helen Peacock as part-time Clerk effective November 1, 2003 at a rate of $7.90 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Recreation Director re Termination & appointment of part-time employees

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate the following individuals effective September 17, 2003:

and further, appoint Lisa Myers as part-time seasonal Recreation Attendant, Step 1, at a rate of $5.45 per hour effective November 25, 2003 through May 31, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17-D   REPORTS

PROBLEMS OF THE PUBLIC

LEAVES IN ROADWAY ON EMPORIUM AVENUE

David Crum, 165 Emporium Avenue, commented on a problem on his street with leaves placed along the road and sticking out 2 to 3 feet into the road. Under the leaves were rocks that some of the residents had edging their lawn. Mr. Crum stated that sometimes the snowplows pushed the rocks in the street or a driveway. He thought that if anyone were to hit one of the rocks in the street it would cause an accident. Also, the leaves got washed into the storm sewers when it rained and plugged them up. Mr. Crum further commented that some residents of Arcade Street and Emporium Avenue put metal stakes about six inches in from the road and he was concerned that a child might ride his bike through the leaves and not see the metal stakes.

Highway Supt. Pat Finnegan stated that he would take care of the metal stakes, but the leaves were a common problem throughout the town. Mr. Finnegan stated that leaves should be placed at the road edge for pick up and his department was doing the best they could to get through the 150 miles of roadway in town.

Supervisor Clark requested that the newspapers advertise that leaves should be placed at the road or curb edge for pick up.

WATER PROBLEMS AT MANDY'S CAFÉ ON CLINTON STREET

David Ohl of Mandy's Café, 3796 Clinton Street, stated that his neighbor, Liberty Motors, built their property up 1˝ to 2 feet higher than Mr. Ohl's property. This was causing water problems for Mr. Ohl and the foundation of his house was shifting. Mr. Ohl was at this location for 16 years and never had any problem prior to this.

Supervisor Clark directed Building Inspector Bill Czuprynski to do a field investigation of the property with the Engineering Department.

APPOINTMENT TO VACANT TOWN COUNCIL SEAT

Virginia Grandoni, 870 Orchard Park Road, stated that Christina Bove received a third of the vote in this year's town council election. Thirty-one percent of the voters in West Seneca believed that Mrs. Bove should represent them in the community. Mrs. Grandoni referred to the upcoming vacant town council seat and suggested that Mrs. Bove be appointed to fill that vacancy. She felt that Mrs. Bove fit the criteria necessary for the town council and commented that she was highly intelligent, well-qualified, and really cared about what went on in the town. Mrs. Grandoni thought it was fair and just to appoint Mrs. Bove to the vacancy considering the many voters who supported her in the election. She questioned if there was any reason why the Town Board would not appoint Mrs. Bove.

Supervisor Clark responded that there could be many reasons why they would not appoint Mrs. Bove, but they had not yet discussed it. There was no obligation on the board's part to appoint anyone to the vacancy. Supervisor Clark stated that each of the current board members made a solid contribution towards the management of the town.

Mrs. Grandoni commented that Mrs. Bove would also make a solid contribution to the town and suggested that the board members sit down and talk to her. Mrs. Grandoni stated that last year the community group "Friends for West Seneca's Future" was organized after they heard that Walmart might be locating in the town. Mrs. Bove sought them out and talked with them many times. They felt that she would be a good, strong person on the Town Board, not just because of the Walmart issue. Mrs. Grandoni thought that Mrs. Bove should be considered for the vacant seat.

Supervisor Clark responded that he did not have a problem considering any interested citizen and anyone interested should make his or her intentions known.

Mrs. Grandoni questioned when the board intended to make a decision on the appointment.

Supervisor Clark stated that there was no timetable and the board had not discussed anything yet.

PROBLEMS OF THE PUBLIC

APPOINTMENT TO VACANT TOWN COUNCIL SEAT    (continued)

Councilman Graber noted that there would be an election in 2004 to fill the council seat, so the voters would get to voice their opinion.

Mrs. Grandoni stated that Mrs. Bove made a strong showing in this year's election and did it all on her own. She was nobody's candidate. Mrs. Grandoni respectfully requested that the Town Board consider the appointment of Mrs. Bove.

Supervisor Clark thanked Mrs. Grandoni for her comments and stated that they would be considered along with others. He noted that there really was no Walmart issue in town. The board members were never presented with any plan.

Councilman Osmanski stated that he had addressed the residents three times at the Master Plan meetings and told the residents what the board members knew and didn't know.

Mrs. Grandoni noted that the area in question was a prime piece of property in West Seneca and it would not be unusual for someone like Walmart to purchase the residential homes and give the property owners a good sum of money. Mrs. Grandoni stated that she did not want to live across the street from a Walmart. She also thought that they were at the maximum for vehicular traffic on Orchard Park Road. Mrs. Grandoni did not believe that Orchard Park Road could handle the 37,000 vehicles that a super center Walmart would bring to the town.

Councilman Hicks questioned why the residents listened to the hearsay when all the board members told the residents that there was no Walmart issue.

Mrs. Grandoni stated that no one ever told her that it was not an issue. Councilman Osmanski stated publicly that Mrs. Grandoni knew more than he did about Walmart, and Councilman Hicks told her that he could not comment because he was an elected official. No one gave her a straight answer.

Councilman Graber commented on the "Friends for West Seneca's Future" organization and stated that he understood their concerns as residents of Orchard Park Road. He commented on the excessive traffic on Orchard Park Road and a proposal years ago from New York State to make it a five-lane highway. Councilman Graber suggested that Mrs. Grandoni ask the members of "Friends for West Seneca's Future" if they would like the board members to communicate with the New York State Department of Transportation (NYSDOT) and state representatives and petition them for a third lane for turning.

Mrs. Grandoni stated that she had contacted the NYSDOT and they had no intention of doing anything to Orchard Park Road.

Councilman Graber thought that the "Friends of West Seneca's Future" and Town Board members should work together in a positive way and focus their energy on a turning lane for Orchard Park Road.

Mrs. Grandoni stated that although the road would be safer with a turning lane, it would also open it up for more commercial development.

Councilman Graber stated that the final resolution of the Master Plan would clearly define what the people and the Town Board wanted to see happen on Orchard Park Road. Everyone was making it into a Walmart issue when it really wasn't; it was a rezoning issue. Councilman Graber thought that they should start petitioning the state for a third lane because it could be 7 to 8 years before anything was done.

Karen Lucachik, 61 Greenmeadow Drive, questioned if the person appointed to fill the vacancy on the Town Board would serve a full four-year term.

Deputy Town Attorney Bill Bond stated that Councilman Wroblewski had two full years left on his term. The term would stay the same; however, whoever ran next year would only be filling the unexpired term. They would then have to run again the following year for a four-year term. This was New York State law and vacancies were always handled in this manner.

PROBLEMS OF THE PUBLIC

STATUS OF TREE SURVEY

Karen Lucachik, 61 Greenmeadow Drive, referred to the tree survey for the town and questioned the results.

Councilman Osmanski stated that they had discussed doing a tree survey as part of the Master Plan, but when they put out the proposals for the Master Plan all they included was a small version or model of a tree survey. They would take a small portion, a street or two, and do a tree survey of that small section. Then if they wanted to do it town wide they would have a model and statistics and what they were looking to gather. Councilman Osmanski stated that this had not yet been done.

Mrs. Lucachik stated that when she first heard about the tree survey over a year ago there was no Master Plan involved.

Councilman Osmanski stated that they had been talking about the tree survey and Master Plan for a long time, but Deputy Highway Supt. Ed Kowalewski had gone out and started doing some work on this.

Highway Supt. Pat Finnegan stated that his department had covered about 50 streets in town with the help of the County Youth Corps. They were not able to continue this year because of the short season, but they would be going forward in the future.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RATE INCREASE FOR DAVID SADOWSKI

Motion by Councilman Hicks, seconded by Councilman Osmanski, to grant a rate increase to $7.25 per hour for David Sadowski, part-time laborer in the Buildings & Grounds Department and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Sadowski completed the 2500 hours required for this increase.

PAYMENT TO KANDEY CO. FOR WORK AT SOCCER COMPLEX

Motion by Councilman Graber, seconded by Supervisor Clark, to authorize payment of $18,970 to Kandey Co., 19 Ransier Drive, for excavating a 50-foot wide spillway in the berm along the east side of the Seneca Street soccer complex as recommended by TVGA Consultants.

On the question, Town Engineer George Montz advised that a 50-foot wide spillway would be centered on the center cross culvert. The spillway would be about 5 feet from the top elevation of 628 and the center cross culvert would be eliminated. The spillway would be designed to relieve the water faster from the subdivision side under flooding conditions.

ADJOURNMENT

Motion by Councilman Osmanski, seconded by Supervisor Clark, to adjourn the meeting at 8:25 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK