3-B     LEGAL NOTICES

1.    Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 220 CENTER ROAD, BEING PART OF LOT NOS. 102, 103 & 104, CHANGING ITS CLASSIFICATION FROM C-2 TO C-2(S), FOR AN 8-UNIT APARTMENT BUILDING" in the Town of West Seneca, be received and filed.             (Carl Bueme & Santo Bueme)

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At the November 19, 2003 Planning Board meeting, a motion was made and seconded to recommend approval of the request for a special permit for property located at 220 Center Road, being part of Lot Nos. 102, 103 & 104, changing its classification from C-2 to C-2(S), for an 8-unit apartment building with the stipulation that the rear setback be reduced to five feet and the entrance on the front of the building be changed to allow for safer ingress/egress. The Planning Board voted three in favor of the motion, three opposed to the motion and one absent; therefore, no recommendation is being given." Mr. Greenan noted that Mr. Bueme had submitted a revised plot plan to the Town Board members. The revised plan indicated substantial changes to the orientation of the building in order to utilize some of the bulk area of the adjoining plaza, reconfiguration of the rear parking to provide the appropriate handicap spaces, and an additional 12 spaces to meet the parking requirements of the 8-unit structure. Mr. Greenan reviewed the plot plan with Building Inspector William Czuprynski prior to the meeting and he indicated that when the 8-unit apartment building was combined with the shopping plaza it met the bulk requirements and would be in compliance with the Zoning Ordinance. This would require the plaza and the apartment building to be sold together in order to meet the bulk requirements.

Carl Bueme, 40 Freedom Drive, stated that he understood he would not be able to sell the plaza and apartment building separate from each other and he had no problem with that.

3-B LEGAL NOTICES

1.     (continued)

Amy Goebert, Property Manager for Ivybrooke Equity, 124 Wimbledon Court, stated that they owned a 112-unit apartment complex called Ivybrooke Crossing, formerly Wimbledon Court Apartments. The owner and regional manager had some concerns with the proposed 8-unit apartment building that would be facing their rental office. Ms. Goebert submitted a letter from Patrick Hannon, Regional Manager, stating his opposition to the special permit request due to the location of and nature of business between 200 and 220 Center Road. Mr. Hannon specifically mentioned the following: 1) the current property owner was aware when he purchased the property that it was not zoned for multi-family housing; 2) addition of the 8-unit apartment building would be a source of confusion to future and current residents of Ivybrooke Crossing, as well as those visiting the property; 3) parking issues; 4) trespassing issues with respect to garbage etc.

Supervisor Clark thought that it would be very clear that the new apartment building was part of the Wimbledon Plaza complex and separate from the Ivybrooke Crossing apartments.

Attorney Paul Michalek, 850 Orchard Park Road, represented Carl Bueme and stated that the property was zoned C-2 which allowed for multi-family dwelling. Only a special permit was required. Mr. Michalek also did not believe that the parking and trespassing concerns would be an issue because notices could be posted inside the building and provisions would be made to handle the tenants' garbage.

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

Motion by Supervisor Clark, seconded by Councilman Graber, to approve the request for a special permit for property located at 220 Center Road, being part of Lot Nos. 102, 103 & 104, changing its classification from C-2 to C-2(S), for an 8-unit apartment building as submitted in the plot plan dated February 9, 2004.

*APPENDICES*

2.    Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO SOLICIT COMMENTS REGARDING THE RELOCATION OF EBENEZER RAILCAR SERVICES LOCATED AT 1005 INDIAN CHURCH ROAD, INTO THE CITY OF BUFFALO EMPIRE ZONE (ECONOMIC DEVELOPMENT ZONE)" be received and filed.

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

Supervisor Clark stated that Ebenezer Railcar Services was not actually moving out of West Seneca; they were expanding into the City of Buffalo due to some additional work they were able to obtain. However, Supervisor Clark now understood that this might not be happening and they may be looking for other sites, possibly even in West Seneca.

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

3-C    COMMUNICATIONS

1.    Supervisor Clark re Reappointment of Penny Price to Zoning Board of Appeals

Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint Penny Price to the Zoning Board of Appeals for a five-year term effective November 24, 2003 - November 23, 2008 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.    Supervisor Clark re Reappointment of Paul Notaro as West Seneca Library Board Trustee

Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint Paul Notaro as Trustee to the West Seneca Library Board for a five-year term effective January 1, 2004 - December 31, 2008.

3.    Supervisor Clark re Appointment of Andrea Diegelman as part-time Clerk Typist for Historical Society

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint Andrea Diegelman as part-time Clerk Typist at the West Seneca Historical Society at a rate of $6.90 per hour effective February 10, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

4.    Supervisor Clark re Kiwanis Arts & Crafts Festival

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant permission for the West Seneca Kiwanis Club to hold their annual Arts & Crafts Festival Friday, July 9 - Sunday, July 11, 2004 from 6:00 A.M. until 6:00 P.M. on Town Hall grounds, including the grass area in front of Town Hall and the Library from Main Street to Legion Drive, the grass area outside the baseball diamond fence in front of the Lions Bandshell, the parking facilities behind Town Hall and in front of the Ice Rink, and the Ice Rink facilities.

5.    Town Engineer re Lease of 2004 Ford Explorer

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the lease of a 2004 Ford Explorer from Jim Doyle Ford, 3330 Delaware Avenue, Kenmore, New York, 14217 for 48 months at $321.78 per month.

6.    Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2000 to SJB Services, Inc. for test borings at various locations and $3205 to URS Corporation for discharge monitoring reports.

3-C    COMMUNICATIONS

7.    Highway Supt. re Termination of R Krautsack, F Giumpa, K Nowicki & J Wagner as Sanitation Alternates

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Robert Krautsack; Frank Giumpa; Kevin Nowicki; and Joseph R. Wagner, as Sanitation Alternates effective February 9, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

8.    Highway Supt. re Bid date for lease of two 4-wheel drive vehicles

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of February 27, 2004 at 10:00 A.M. for receipt of bids on the lease of two (2) 4-wheel drive vehicles.

9.    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:

   Brute Spring (truck repairs)           $2826.24
   Valley Tire (tires)                $1699.21
   Fleet Maintenance (truck repairs)             $2154.14
   Gerster/Trane (service agreement for Ice Rink equipment)          $2000.00

10.    Chief Gehen re Bid award for purchase of four marked police vehicles

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the bid for the purchase of four (4) marked police vehicles to Delacy Ford, 3061 Transit Road, Elma, NY 14059, at their low bid price of $57,284.

11.    Chief Gehen re Appointment of Roger Leising as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Roger J. Leising as part-time Public Safety Dispatcher effective February 10, 2004 at a rate of $8.95 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.    Town Clerk re Bid award for moving of voting machines

Motion by Councilman Osmanski, seconded by Councilman Graber, to award the bid for moving of voting machines for the Presidential Primary, Primary Day, and the 2004 General Election to Mayflower Ihrig Moving & Storage, 877 Seneca Street, Buffalo, NY 14210, at their low bid price of $3264.

13.    Building Inspector re Attendance of R. Pinnavaia, J. Gullo & W. Czuprynski at annual code school

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Robert Pinnavaia, John Gullo and William Czuprynski to attend the annual Finger Lakes Building Officials conference March 22 - 25, 2004 at a cost not to exceed $1900.

3-C    COMMUNICATIONS

14.    Recreation Director re Bid date for arts & crafts supplies

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of March 16, 2004 at 10:00 A.M. for receipt of bids on arts & crafts supplies necessary to conduct the 2004 town recreation program.

15.    Youth Director re Status change for Dolores Steffanacci to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of Dolores Steffanacci from part-time to seasonal part-time effective January 5 - February 28, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

16.    Youth Director re Grant application for safety education and training program

Motion by Councilman Osmanski, seconded by Councilman Graber, to submit an application to the Hazard Abatement Board, Occupational Safety and Health Training and Education Grant Program requesting $12,100 to support a safety education and training program that will benefit a target population of approximately 375 municipal employees, noting that the Town of West Seneca will provide $45,570 in cash and in-kind goods and services or 79 percent of the total project cost of $57,670.

3-D REPORTS

PROBLEMS OF THE PUBLIC

STATUS OF FEASIBILITY STUDY FOR SENIOR CITIZENS CENTER

Christina Bove, 11 Willowdale Drive, referred to funds that were set aside in October 2003 for a feasibility study at the West Seneca Senior Citizens Center and questioned if the study had been completed.

Supervisor Clark responded that the town had received a grant from the County of Erie to perform an engineering and utilization study and that was given to the original architect that designed the senior center, Foit-Albert.

Town Attorney Tim Greenan stated that he had spoken with Jim Bammel, Architect with Foit-Albert, regarding the status of the study. Mr. Bamel wanted to meet with Supervisor Clark and Mr. Greenan to review his progress and possibly bring it to conclusion for presentation to the town within the next 30 days.

ASSESSMENT RECORDS AVAILABLE ONLINE

Francis Lafferty, 137 Lyndale Court, stated that he accessed the City of Buffalo's assessment records on the Internet and questioned if this information was available on the town's website.

Town Attorney Tim Greenan advised that rather than each town providing the information individually, it was available to the public through Erie County's website (www.erie.gov).

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PETTY CASH INCREASED FOR POLICE DEPARTMENT

Motion by Councilman Osmanski, seconded by Councilman Hicks, to increase the petty cash level for the Police Department to $250.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK