12-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 REZONING FOR PROPERTY LOCATED AT 2884 RIDGE ROAD, BEING PART OF LOT NO. 157, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR A RESTAURANT” in the Town of West Seneca, be received and filed.             (Lauer-Manguso & Associates)

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

12-B    LEGAL NOTICES

1.    (continued)

Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its August 18, 2004 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 2884 Ridge Road, being part of Lot No. 157, changing its classification from C-1 to C-2, for a restaurant, with the stipulation that all the dimensions be shown on the plot plan Map C-1.1 except: 1) the exterior of the dumpster fence should be located not closer than 30 feet from the northeast line; 2) the sidewalk on the northeast side of the building should be extended to the north five feet and to the east until it reaches the paved parking; 3) the south side of the same sidewalk should be extended to the south five feet and to the east until it reaches the paved parking.”

Andrew Terragnoli of Lauer-Manguso & Associates represented Mighty Taco Inc. and stated their proposal to change the zoning at 2884 Ridge Road to C-2. He had no problem with the Planning Board stipulations and the plans had been revised to reflect the changes.

Councilman Graber commented that this site had been a restaurant as long as he could remember and it would obviously attract a number of high school students.

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 approve the request for a rezoning for property located at 2884 Ridge Road, being part of Lot No. 157, changing its classification from C-1 to C-2, for a restaurant.

*APPENDICES*

2.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 501 BULLIS ROAD, BEING PART OF LOT NOS. 373 & 374, CHANGING ITS CLASSIFICATION FROM M-1 TO R-65, FOR A RESIDENTIAL HOME” in the Town of West Seneca, be received and filed.             (Margaret Jeziorowski)

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: “At its August 18, 2004 meeting, the Planning Board recommended approval of the request for a rezoning for property located at 501 Bullis Road, being part of Lot Nos. 373 & 374, changing its classification from M-1 to R-65, for a residential home, reserving one foot on the most easterly side of the property from the description so that it will remain M-1 zoning.”

Attorney Rosemary Bapst represented the petitioner, Margaret Jeziorowski, who was in the process of selling her home to a family member. The property was zoned M-1 for manufacturing and needed to be rezoned to residential in order for the family member to obtain a mortgage.

No comments were received from the public.

12-B    LEGAL NOTICES

2.    (continued)

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 rezoning for property located at 501 Bullis Road, being part of Lot Nos. 373 & 374, changing its classification from M-1 to R-65, for a residential home, reserving one foot on the most easterly side of the property from the description so it will remain M-1 zoning.

*APPENDICES*

3.   Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER THE USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS,” in the Town of West Seneca, be received and filed.

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

Chief Gehen advised that the Town of West Seneca was eligible for the 2004 Local Law Enforcement Block Grant in the amount of $12,209 with a one-ninth match from the town of $1357. This was down about 60 percent from last year. Chief Gehen recommended that the funds be used to defray some of the expenses involved in continuing the community policing programs (Citizens Police Academy; Bike Patrol; Stop, Talk & Walk Program).

Councilman Hicks commented that the bike patrol was very successful over the last four years and noted that it was an excellent way of introducing the police to the public. The Citizens Police Academy was in existence for the last five years and was also very successful.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to use the 2004 Local Law Enforcement Block Grant funds in the amount of $12,209 with the town’s match of $1357 to defray some of the expenses involved in continuing the community policing programs (Citizens Police Academy; Bike Patrol; Stop, Talk & Walk Program).

4.   Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4560 CLINTON STREET, BEING PART OF LOT NO. 333, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR LIGHT AUTOMOTIVE REPAIR” in the Town of West Seneca, received and filed.             (Craig W. Tschetter)

12-B    LEGAL NOTICES

5.   Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000) TO FINANCE THE ACQUISITION OF A POLICE RADIO TOWER, INCLUDING RELATED EQUIPMENT AND APPARATUS AND ALL PRELIMINARY COSTS AND OTHER COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.

6.   Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) TO FINANCE THE RECONSTRUCTION OF, AND THE CONSTRUCTION OF AN ADDITION TO, AN EXISTING TOWN BUILDING FOR USE AS A DOG CONTROL SHELTER, INCLUDING THE ACQUISITION OF RELATED EQUIPMENT AND APPARATUS, AS WELL AS PRELIMINARY COSTS AND OTHER COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.

7.   Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED NINETY EIGHT THOUSAND DOLLARS ($498,000) TO FINANCE THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS WITHIN THE TOWN, INCLUDING BUT NOT LIMITED TO AREAS AROUND LEYDECKER, HARWOOD, TOBEY HILL, CHERYL, SAVONA AND DORR ROADS, INCLUDING ALL RELATED SITE WORK AND ALL PRELIMINARY COSTS AND OTHER IMPROVEMENTS AND COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.

8.   Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND DOLLARS ($60,000) TO FINANCE THE REPAIR AND REPLACEMENT OF THE TOWN HALL STEPS, INCLUDING NECESSARY EQUIPMENT, APPARATUS AND ACCESSORIES, AS WELL AS ALL PRELIMINARY COSTS AND OTHER COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.

9.   Proofs of publication and posting of legal notice: “OF THE ADOPTED BOND RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF A SERIAL BOND OR BONDS AND A BOND ANTICIPATION NOTE OR NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SAID SERIAL BONDS, IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED EIGHTY THOUSAND DOLLARS ($780,000) TO FINANCE THE PURCHASE OF VARIOUS PIECES OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, INCLUDING ALL RELATED ACCESSORIES AND MATERIALS AND INCLUDING ALL PRELIMINARY COSTS AND COSTS INCIDENTAL THERETO” in the Town of West Seneca, received and filed.

ISSUES OF THE PUBLIC

SANITARY SEWER PROBLEMS AND MAINTENANCE OF RETENTION PONDS

Karen Lucachick, 61 Greenmeadow Drive, stated that she attended the Planning Board meeting last Wednesday and learned a lot of information that was of concern to her. The Planning Board was discussing with a developer a proposed 160-lot subdivision for the Fisher Road area. The sewers and retention ponds were of concern to the Planning Board members, and Ms. Lucachick learned that the town’s sewer system was inadequate. The New York State Department of Environmental Conservation (NYSDEC) informed the town of the problem in 1999 and still nothing had been done about it. The problem appeared to be major because raw sewage was being pumped into the creeks. Ms. Lucachick further stated that the town did not seem to have much information concerning the care of retention ponds, which were expected to be put in all new developments. She questioned if the Planning Board members were aware of the regulations and if the town was addressing the need for such ordinances. Ms. Lucachick referred to the condition of the retention pond at Center Road and Rebecca Way and suggested that a moratorium be adopted to halt any new subdivision or major development until the sewer system was brought up to par.

Councilman Graber stated that he had read the Planning Board minutes pertaining to the proposed new development on Fisher Road and the project was unrelated to Sewer District #13. The project would actually fall within Erie County Sewer District #3. Sewer District #13 was the largest sewer district in town and they were aware that a lot of capital was needed to improve it. The town had been spending three and one-half million dollars a year on Sewer District #13 and increasing the capital costs to almost $400,000 on improving the system.

Councilman Osmanski stated that in large storm events the town had SPDE’s permits, which allowed them to dump raw sewage into the creeks. The sewage could either back up in residents’ basements or dump into the creeks, and they chose to dump it in the creeks. For at least five years, the town had been doing a lot of sewer lining trying to remedy the problem at a cost of about $300,000 per year. The sewer lining stopped the infiltration in the sewer lines and lessened the amount going through the sanitary sewers. This was a 10 – 15 year remediation plan, but last year the town received a letter from NYSDEC stating that they wanted the problem resolved now. The town was placed on a consent order, as were most other towns in the area.

Councilman Graber noted that Sewer District #13 was 550,000 linear feet, or 105 miles. The SPDE’s permit elimination project, which was a 15-year project, was 75,000 linear feet. Over 14 miles of the 105 miles would be relined, and at the end of this year 5¼ miles will have been relined. They also relined the manholes and were relining six feet into the service laterals.

Ms. Lucachick questioned why the Planning Board would have brought up these concerns if the proposed development were not part of Sewer District #13.

Supervisor Clark stated that Erie County Sewer District #3 was also under similar scrutiny by the NYSDEC, although not as severe. He commented that after they were done relining the sewers, they might have to look at lateral connections to the houses in some of the older subdivisions because they had to tighten up the overall sewer system. There was a lot of ground infiltration into the system and it wreaked havoc during wet weather conditions.

Councilman Osmanski stated that he had discussed the retention pond at Rebecca Way and Center Road with Highway Supt. Patrick Finnegan and Town Engineer George Montz, and they thought there must have been some misconception about who was to maintain it when the developer deeded the road over to the town. They were concerned about the way it looked and would be investigating the situation.

ISSUES OF THE PUBLIC

SANITARY SEWER PROBLEMS AND MAINTENANCE OF RETENTION PONDS    (cont’d.)

Councilman Graber stated that the federal government changed some of the rules concerning water runoff, and rain could not simply runoff into a stream or creek, it had to be collected somewhere. The retention ponds were a direct result of recent acts by the federal government as it related to the Clean Water Act.

Ms. Lucachick thought that the Town Board should have some input on where the retention pond was placed, and did not believe it should be placed at the entrance to a development like it was at Rebecca Way and Center Road.

Supervisor Clark noted that the retention pond had to be placed downstream from the houses on its way to the drainage system.

FLOODING ON ROBIN LANE

Donna Slater, 148 Robin Lane, referred to the recent flooding problem her subdivision experienced and stated that this had been a problem for 30 or more years. She presented a petition signed by residents of the subdivision requesting that something be done to alleviate the water.

Supervisor Clark understood that in the county right-of-way there was an improperly installed section of underground piping that drastically worked against the flow. It was brought to the county’s attention and they were out there this date digging up and replacing that section. Supervisor Clark thought that 85 percent of the problem would be alleviated from the clean out by the county and with the flow not having to go up a one-foot obstruction. He noted that there was a secondary problem with improper and poor drainage of runoff from Route 400, and they would be working with the New York State Department of Transportation (NYSDOT) to resolve that.

Councilman Graber stated that a few years ago the residents of Robin Court and Lorry Drive approached the Town Board concerning the flooding problem. At that time, the county installed a new 221-foot culvert with a manhole, which they thought would alleviate the flooding. When the flooding occurred last week, Principal Engineer Assistant Gary Bommer investigated the site and found a 15-inch collapsed culvert in front of 1300 Center Road and another collapsed culvert downstream from that. He also found that the newly installed pipe was installed incorrectly. Mr. Bommer contacted the county and Councilman Graber contacted the Deputy Commissioner of Highways and County Legislator Tim Wroblewski, and the pipe was quickly replaced.

Felicia Scapple, 37 Lorry Drive, stated that the residents had been trying to have this problem resolved since 1965. She had attended Town Board meetings in the past and contacted the county, and at one time they were going to enlarge the pipes and enclose the ditches. They got as far as the Harvey D. Morin Post and stopped because they did not have any money to continue.

Mr. Bommer thought that better maintenance of the existing system was better than larger pipe sizes. The ditches carried a lot more water than what pipes could carry, because the ditch was three feet wide at the bottom and 10 to 15 feet wide at the top. A culvert that size would be very costly and he did not believe the county would do that.

Joan Kramer represented her mother, Rose Battaglia of 17 Lorry Drive, and stated that for 35 years her mother had to deal with raw sewage in her basement. Every time it rained Mrs. Battaglia had to go in her basement to shut off the valve, and then she was unable to use the water. This was a serious problem that had been going on since 1965 and she hoped that the Town Board would follow through on it this time.

ISSUES OF THE PUBLIC

FLOODING ON ROBIN LANE    (cont’d.)

Karen Wesolowski, 100 Robin Lane, stated that she lived in her house since 1999 and called the town every time there was a large rainfall, but no one ever got back to her. She questioned why nothing was done until the residents got Channel 2 involved in their problem.

Councilman Graber stated that the first time he ever received a call regarding the Robin Lane problem was with the flooding that occurred last week. He immediately called the Engineering Department and then the Deputy Commissioner of Highways for Erie County. Councilman Graber encouraged the public to call the elected officials if they did not get any satisfaction from their original calls.

Bob Habicht, 144 Robin Lane, commented that although different levels of government were involved in the flooding problem, it was actually a West Seneca problem and the local government needed to keep the pressure on the state and county agencies. Mr. Habicht thanked Vigilant Fire Company, the Engineering Department and Channel 2 for their assistance and hoped that the repairs were done properly so the sewers would no longer back up. There was still a problem with the runoff from Route 400 and he asked that the Town Board keep after the state to resolve that situation.

FLOODING ON VILLA MARIA ROAD AND COLONIAL MANOR COURT

Chris Kowalski, 136 Villa Maria Road, presented a petition signed by residents of Villa Maria Road and Colonial Manor Court asking that the town take immediate action to address the flooding problem in that neighborhood. He thanked Councilman Hicks for taking time to meet with the neighbors and submitted a video of the flooding on July 27th caused by the storm sewer problem and also the problem with the sanitary sewer. Mr. Kowalski purchased his home in April 1990 and the first flood he experienced was in 1992. Water was backing up from the large storm sewer main in his back yard and the street had about two feet of water. The problem occurred again a few years later and in 1997 they contacted Town Engineer George Montz and Highway Supt. Ron Getter of the Town of Orchard Park. The town came out and dug out the drainage ditch on Reserve Road and Villa Maria Road and there were no problems until 1999. Again this year they had two experiences with storm sewer water backing up. Mr. Kowalski commented that Villa Maria Road and Colonial Manor Court were like a retention pond and the drainage ditch was not able to handle the water. After the storm on July 27th of this year, the West Seneca Highway Department dug out the ditch, but they could only go back so far because it then became Town of Orchard Park property.

Councilman Hicks understood that Mr. Kowalski had attended an Orchard Park Town Board meeting and made Mr. Getter aware of the problem. Mr. Getter and Highway Supt. Pat Finnegan were discussing the problem and trying to decide what each town’s part was. He hoped the consensus would be to have a joint venture and clean the ditch out properly. Principal Engineer Assistant Gary Bommer also advised that secondary manhole covers without holes in them were installed under the original covers. Due to the massive amount of water, it was getting back into the sewer and causing problems for the residents. Mr. Bommer thought that this would alleviate much of the problem.

Mr. Kowalski noted that during the last rainstorm while the water was in the street but not near the manholes, the sanitary sewers were overflowing. So, the problem was there before the water even got a chance to go into the manholes. Mike Kerl of the Engineering Department informed him that some residents further down Reserve Road and in Tobey Hill Subdivision were discharging their sump pump into the sanitary sewer. Mr. Kowalski understood that this was a violation and suggested that the town do an outside visual inspection. The sewer lines on Villa Maria Road were televised and a root cut was done on Reserve Road, but there was water backing up in the residents’ stationary tubs before the streets even flooded.

ISSUES OF THE PUBLIC

CLARIFICATION ON RADIO TOWER ISSUE

Christin Labruna, 532 Main Street, stated that the bid award for the radio tower was supposed to be at this meeting; however, a special meeting was called last Thursday to address that issue. She felt that there was miscommunication regarding the tower and wanted to clarify some things. Ms. Labruna stated that there was never any doubt that the tower would be built and she was not opposed to the tower being built. The issue was the location of the tower, and this was evident in the West Seneca Bee articles and the Town Board minutes.

John Rusinski, 37 Fernwood Avenue, spoke on behalf of the firefighters in attendance at the meeting and thanked the Town Board for understanding the importance of the project to the fire service. He commented that in October 2001 the Association of Fire Districts and West Seneca Chiefs Association began an initiative to enhance communications. There were certain areas of town where communication was lost and the 400 Mhz system would resolve that problem and also allow the fire chiefs to communicate with other agencies, such as ambulance services.

RESIDENT DISSATISFIED WITH BEHAVIOR OF COUNCILMAN

Frank Russo, 38 Parkside Drive, stated that last Monday evening he was picketing in front of Clark for Congress headquarters when he was verbally attacked and threatened by Councilman Hicks.

Supervisor Clark stated that this was a political issue and Mr. Russo was out of order.

Councilman Hicks responded that his political views and Mr. Russo’s political views were a personal matter and the Town Board meeting was not a political forum.

Dale Clarke, 379 Indian Church Road, commented that every time a resident disagreed with something, Supervisor Clark stated that it was political and they were out of order. He further commented that the reason things did not get done around town was because Supervisor Clark did not work full-time for the salary he made.

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET

Sandra Krawczyk, 2827 Clinton Street, referred to the proposed sports facility on Clinton Street and questioned if a full environmental review and public forum would be held before any kind of agreement was made on the facility.

Councilman Osmanski stated that the board members had invited the Friends of the Buffalo/Niagara Rivers to meet with them because they wanted to work cooperatively with them and follow the SEQR process to its full extent. Councilman Osmanski still considered the project a proposal because it did not have a firm concept to it or all the details. When it was submitted to the Town Board, they would do the full review through the SEQR process and have public comment through the scoping sessions.

Mrs. Krawczyk questioned the procedure for a large development such as this and how the residents would be made fully aware of what was happening.

Councilman Osmanski did not know how they would contact everyone, but stated that there would be some legal publishing requirements.

Mrs. Krawczyk stated that it appeared the project was much further along than the residents were being led to believe and they wanted to ensure that it was brought back to the public before anything was signed.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET    (cont’d.)

Councilman Osmanski responded that the way it was structured, many people were getting confused that it was a joint developer/town proposal. The Friends of the Buffalo/Niagara Rivers met and discussed the project with the developer and they were very concerned with the comments that were made there. Councilman Osmanski stated that the developer was speaking for himself and not for the town, and that was why the Town Board met with the Friends of the Buffalo/Niagara Rivers prior to this meeting. The Town Board would do their job when the proposal was submitted to them in detail.

Mrs. Krawczyk commented that the largest bit of controversy was that Town Attorney Tim Greenan was so involved in the project. The public was concerned about this and she thought that it needed to be brought out and cleared up. Mrs. Krawczyk stated that she was not against an ice rink in town, but the area being designated was not desirable to the residents who lived around there.

Councilman Graber stated that he had not seen any paperwork on the project and had not met the developer. He noted that the developer would have to submit plans to the town prior to proceeding with the project, and everyone, including the public, would have an opportunity to have their say. Councilman Graber looked forward to seeing all the facts and hearing the residents’ opinion.

Mrs. Krawczyk suggested that a public meeting separate from the Town Board meeting be held after the developer submitted the proposal so that it would be more constructive.

David Swift, 3089 Clinton Street, stated that his house was built in 1854 and it had a deep basement with no sump pump. He lived in this house for 40 years and never had any flooding problems, but he thought the proposed project could cause water problems if it was built. Mr. Swift noted that he had a large file on the proposed project and a lot of it came from town offices, such as the Engineering Department and Building and Plumbing Department. He offered to show Councilman Graber the information he had acquired.

Brian Doster, 3361 Clinton Street, stated that this was a very important issue to the residents of Clinton Street and he was happy that they would have an opportunity to have their questions answered. Mr. Doster questioned if the town would be preparing a new SEQR form for the project.

Supervisor Clark responded that SEQR was an ongoing process, and as soon as he thought there might be a project and the town would be requested to participate, he immediately filed a SEQR form to start the flow of public information. They were requesting additional environmental studies and the SEQR process would continue.

Councilman Osmanski stated that according to the SEQR handbook, the SEQR process should be started at the earliest possible time with completion of an environmental assessment form. Unfortunately they did not have the details to carry out the rest of the process the way it should be. After the developer submits the project plans, they would require that another environmental assessment form be completed. The town would then like to be named lead agency, and the formal process was to send out a letter to all other involved agencies stating their desire and asking for the various agencies’ comments.

Mr. Doster understood there might be some rezoning in this area of Clinton Street and questioned the status of the Master Plan for the town.

Supervisor Clark responded that there would be no rezoning with the Master Plan, but it would offer different thoughts and suggestions. The process was in its final stages.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET    (cont’d.)

Councilman Osmanski stated that he attempted to contact the consultant this date for an update on the Master Plan, but was unable to speak with him. He thought that it would be five to seven days until it was ready for distribution. Councilman Osmanski noted that the Master Plan Committee had recommended in the draft Master Plan to rezone the heavy industrial zoning for the Clinton Street area and change it to a less intense commercial/recreational zoning.

Mr. Doster stated that he was a Commissioner for West Seneca Fire District No. 2 and their public meetings were also on Monday evenings. He asked that the town notify Fire District No. 2 when this issue would be discussed and allow them sufficient time to change their meetings if necessary so they would be able to attend.

Don Grasso, 64 Lexington Green, questioned who would pay for the environmental impact study and thought that the developer should pay any costs incurred by the town with regard to this project.

Councilman Osmanski responded that after the developer submitted his plans, the town would request lead agency status and hold a scoping session where everyone involved could make comments. All the information would be given to the developer and he would have to answer to the issues. Councilman Osmanski stated that the town would not pay any of the developer’s costs and he would have to generate the environmental impact statement. However, depending on how voluminous the environmental impact statement was, the town might have to hire someone to review it. The developer would have to obtain a building permit, which would be substantial based on the size of the project.

Mr. Grasso suggested that future notifications regarding this project be posted on the town’s website. He also questioned how Councilman Graber could not know anything about the project or how he could not have seen any plans.

Councilman Graber responded that he only knew what he read in the newspaper about the project. When the developer was ready to proceed, he would have to submit his proposal to the Town Board, and Councilman Graber would review and consider it at that time when all the facts were in writing.

Paul Kinmartin, 233 Schultz Road, stated that he did not live in the area of the proposed hockey facility and he understood the neighbors’ concerns, but he was in favor of the facility and thought it would be beneficial for the town. This was a private facility and the town would not have to spend $200,000 to $300,000 per year to maintain it. Mr. Kinmartin commented that the town ice rink was a great facility, but it was antiquated and there was a waiting list for children to play there. He did not believe it was fair to the taxpayers whose children wanted to play hockey but couldn’t because the facility could not handle any more people. Mr. Kinmartin hoped that the board members would listen to all the taxpayers and noted that there were at least as many families involved in hockey as there were those in soccer, and they were supportive of the project.

Cindy Malzan, 236 Old French Road, was concerned about floating bonds for the hockey facility and suggested that improvements be made to the existing facility instead. She also expressed concern over increased flooding problems in this area of Clinton Street and a decrease in the quality of life for the surrounding residents, and did not want the see the road widened to handle the additional traffic.

ISSUES OF THE PUBLIC

PROPOSED RECREATIONAL FACILITY ON CLINTON STREET    (cont’d.)

Dave Monolopolus, 97 Lexington Green, referred to an article in Business First stating that the $40 million proposed athletic complex was dependent on Buffalo & Niagara Sports working out details pertaining to environmental issues and the Town of West Seneca offering bonding assistance. He noted that 300,000 square feet of the complex would be used for professional sports teams and the main arena would be used for trade shows, exhibitions, and concerts. Mr. Monolopolus was concerned about what affect this would have on the quality of life for the surrounding residents.

REQUEST TO RENAME KNOX PLAYGROUND

John Rusinski, 37 Fernwood Avenue, stated that Winchester Fire Company was celebrating its 100th anniversary this year, and firefighter Stan Switzer was beginning his 75th year as a member. Mr. Switzer was in his 90’s, was still very active in the fire company, currently served as Deputy Treasurer, and was a wealth of knowledge. Mr. Rusinski submitted a petition signed by all the residents of Knox Avenue requesting that Knox Playground be renamed Switzer Park as a tribute to Stan Switzer for 75 years of service to the community.

PARKSIDE DRIVE RESIDENT COMMENTS ON LETTER SENT BY SOCCER ASSOC.

Anthony Sansone, 50 Parkside Drive, questioned if the Town Board members were aware that Mr. Lawson of the Soccer Association sent out a letter the day before Primary Day to about 1500 parents of children playing soccer. Mr. Lawson stated in the letter that Town Council candidate, Mrs. Bove, and residents of Parkside Drive wanted to shut down the soccer complex and urged the soccer parents to vote for the other candidate. Mr. Sansone stated that he had spoken with Mrs. Bove and she never indicated to him that she wanted to shut down the soccer complex, and as far as he knew, no one in the Southgate Homeowner’s Association ever said that they wanted to close the soccer complex. Mr. Sansone stated that he had met with Councilman Graber and Mr. Lawson on one occasion and told them that he wanted to see the soccer complex reduced down to what he perceived to be the original size in the early meetings when it was proposed for the youth of West Seneca. It was supposed to be for the recreation league that would run from the end of April to the end of July and the travel teams. Mr. Sansone commented that no one else in town was asked to bear the entire burden of an athletic association like the residents of Parkside Drive were bearing the burden of housing the entire soccer association. They were not asking that this be changed, but they were asking that the men’s leagues, college leagues, and high school leagues that run after July be eliminated so that the Parkside Drive residents’ quality of life could return. Mr. Sansone understood that the leagues were allowed to continue to play at the soccer complex so that the Soccer Association could raise revenue to pay on the lease, but payments on the lease were about four years behind. Most of the people in the town were not aware of this, and Mr. Sansone assumed that the taxpayers were paying the bill. He suggested that since the taxpayers were paying for the soccer complex, the children’s recreation league and travel teams continue to use it from April through July, and then the park be left to be enjoyed by any residents who wanted to use it.

Jane Kester, 60 East & West Road, commented that in 1999 the Town of West Seneca floated a $2 million bond for the soccer field, and she questioned if the Soccer Association was running extracurricular activities outside of the normal soccer games to generate revenue to pay for the bond.

Supervisor Clark responded that an integral part of the Soccer Association’s financial plan was to come up with extra revenue to help pay the bond. They had to hold tournaments and other activities in order to meet their obligation. Supervisor Clark noted that the $2 million bond included soccer field improvements, but also included improvements for the general public such as the walking path and basketball court.

ISSUES OF THE PUBLIC

PARKSIDE DRIVE RESIDENT COMMENTS ON LETTER SENT BY SOCCER ASSOC.    (cont’d.)

Mrs. Kester thought that the Town Board had originally assured the residents that the soccer park would function at no expense to the taxpayers.

Supervisor Clark did not believe there were any assurances made. The financial projections and the way it was presented was that the Soccer Association, in conjunction with the encouragement and cooperation with the town, would do what they could to maximize the revenue from the soccer complex to help pay for as much of the bonding as possible.

Mrs. Kester questioned if the Soccer Association was current on their payment to the town, and if not, how much they were in arrears.

Supervisor Clark responded that the Soccer Association was not current in their payments to the town and the amount in arrears was substantial. He did not recall the exact figure, but thought it might be around $275,000.

Mrs. Kester questioned who would take over the responsibility after five years if the Soccer Association could not make their payments.

Supervisor Clark responded that as long as there were soccer activities at the soccer complex, either through the Soccer Association or another organization put together to reconstitute the Soccer Association, the town would take over the partnership and ensure that the bonds were paid. The town was taking steps to assist the Soccer Association in increasing their revenue. They had developed some professional marketing people to work with them to try to develop sponsorships to reconstitute sales efforts and field sponsorships. There were some tournaments held at the soccer complex and field rental, and the registration fees were increased. Supervisor Clark stated that this was a youth recreational activity and noted that the town also subsidized the hockey program by $200,000 to $300,000 per year.

Amy Carpenter, 406 Woodward Crescent, questioned how Mr. Lawson would be sending out a political letter using proprietary information.

Supervisor Clark responded that as head of the Soccer Association, Mr. Lawson had access to the mailing list of soccer families.

Councilman Osmanski stated that the West Seneca Soccer Association was a volunteer program and the town had nothing to do with it other than some administrative things. Mr. Lawson was not a town employee and completely volunteered his time to the Soccer Association.

Dave Monolopolus, 97 Lexington Green, presented a copy of the letter sent by Mr. Lawson to the soccer families.

Diane Siminski, 44 Parkside Drive, stated that she found Mr. Lawson’s letter to be extremely offensive and the residents never said they were against the soccer field. She enjoyed the walking path at the soccer field and wanted the children to have a place to play. Ms. Siminski stated that the Parkside Drive residents were trying to minimize the effects of the noise, especially on weekends when the residents were home and wanted to enjoy their backyards. This was their main purpose, along with eliminating the flooding problem. Ms. Siminski questioned who she could contact at the Army Corps of Engineers concerning the status of the bids for the ice retention structure.

Town Attorney Tim Greenan stated that he would contact Ms. Siminski tomorrow with the individual’s name to contact.

ISSUES OF THE PUBLIC

PARKSIDE DRIVE RESIDENT COMMENTS ON LETTER SENT BY SOCCER ASSOC.    (cont’d.)

Ms. Siminski referred to the proposed hockey facility and the statements that there would be meetings to keep the public informed. She noted that she was very unaware of a lot of things when the soccer complex was being built. Information did not always get to the public in a timely fashion and they were not informed on the facts.

Councilman Osmanski thanked Ms. Siminski and the Southgate Homeowners Association for working with the Town Board to address the problems at the soccer complex.

RESIDENT QUESTIONS COST TO REPLACE TOWN HALL STAIRS

Amy Carpenter, 406 Woodward Crescent, questioned why the town spent $9000 on an architectural study for the back stairs of the Town Hall. Sixty thousand dollars was being proposed to replace the stairs and she questioned if any guarantee came with this expenditure.

Supervisor Clark responded that this was the cost for redesign of the stairs, and he thought that a good design was necessary for the building entrance. He was disappointed that the present stairs did not last longer than they did, but there was no guarantee that came with the expenditure.

Councilman Osmanski noted that when the town rebuilt the kiddie pool in Centennial Park, the concrete cracked that same season. The town tried to sue the contractor and the inspector on the job, but the Judge ruled that the crack was not that significant that it took away from the value of the project. The only guarantee they received was a bond from the contractor saying that the workmanship was good.

STATUS OF SPECIAL PERMIT REQUEST FOR BILLBOARD

Andy Gernold of Seemore Outdoor Media LLC stated that approximately 2½ years ago he had put together a proposal for a billboard on Route 400. The proposal was approved by the Planning Board and sent to the Town Board, but they tabled the item. Mr. Gernold hired an attorney and as of this date they had not received a formal response from the town as to where his proposal stood.

Councilman Osmanski stated that the town was attempting to revise the Master Plan and have that completed prior to acting on Mr. Gernold’s proposal.

Deputy Town Attorney William Bond stated that he would contact Mr. Gernold’s attorney, Ralph Lorigo, to discuss this matter.

12-C    COMMUNICATIONS

1.   Supervisor Clark re Crop Walk

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the request of the West Seneca Community of Churches to host their annual Crop Walk to stop hunger on Sunday, September 26, 2004 beginning at 1:30 P.M. on designated streets in the Town of West Seneca.

12-C    COMMUNICATIONS

2.   Town Attorney re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2700 to Biel’s Information Tech Systems for microfilming.

3.   Town Engineer re Bid date for Town Hall Rear Stairs Replacement Project

Motion by Councilman Osmanski, seconded by Councilman Hicks, to set a bid date of October 8, 2004 at 10:00 A.M. for receipt of bids on the Town Hall Rear Stairs Replacement Project, Job No. T-0407.

4.   Town Engineer re Lease of 2004 Ford Expedition

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the lease of a 2004 Ford Expedition XLS 4 x 4 from Jim Doyle Ford, 3330 Delaware Avenue, Kenmore, NY 14217, for use as a survey vehicle in the Engineering Department, at a cost of $389 per month for 36 months.

5.   Town Engineer re Termination of Michael McCracken as part-time seasonal laborer

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Michael McCracken as part-time seasonal laborer in the Engineering Department effective August 27, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

6.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1995 to Burgh Schoenenberger for a replacement meter and sensor at Edson Street and $4000 to Schaub Equipment Rental, Inc. for a tractor with mower.

7.   Highway Supt. re Property survey at West Seneca Senior Citizens Center

Motion by Supervisor Clark, seconded by Councilman Hicks, to authorize Highway Supt. Patrick Finnegan to contract with Nussbaumer & Clarke Inc. to complete a property survey of the West Seneca Senior Citizens Center to mark out the property lines at a cost of $2375.00, noting that the Buildings & Grounds Department and Highway Department were asked to clear an area on the east side of the building and there was a question as to where the property line was located.

12-C    COMMUNICATIONS

8.   Highway Supt. re Bid date for purchase of equipment

Motion by Councilman Osmanski, seconded by Councilman Graber, to set a bid date of October 1, 2004 at 10:00 A.M. for receipt of bids on the purchase of various equipment for the Highway Department and Buildings & Grounds Department as follows: 1) four (4) ½ ton pickup trucks; 2) one (1) stake body dump with lift gate; 3) one (1) medium duty dump truck; 4) one (1) one ton flatbed pickup; 5) one (1) cargo van.

9.   Highway Supt. re Purchase of equipment off state contract

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of one (1) cab and chassis with dump body and grapple loader off the state contract at a cost of $98,833.45.

10.   Highway Supt. re Military leave of absence for Daryl Seibert

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Darryl Seibert effective August 9 – 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Military leave of absence for William Geary

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for William Geary effective August 15 – 29, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Highway Supt. re Military leave of absence for Joseph Steen

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a military leave of absence for Joseph Steen effective August 16 – 28, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Highway Supt. re Part-time status for Andrew Fragale in Highway Dept.

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time seasonal laborer Andrew Fragale to part-time effective September 12, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C    COMMUNICATIONS

14.   Highway Supt. re Part-time status for Bldgs. & Grounds Dept. laborers & termination of Jeff Loga

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time seasonal laborers in Buildings & Grounds to part-time effective September 3, 2004:

and further, terminate Jeff Loga as part-time laborer in the Building & Grounds Department effective September 10, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

15.   Highway Supt. re Status change to part-time for Bldgs. & Grounds Dept. laborers

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time seasonal laborers in the Buildings & Grounds Department to part-time effective September 12, 2004:

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

16.    Highway Supt. re Status change for Tom Oleski to part-time seasonal at Ice Rink

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of part-time laborer Tom Oleski to part-time seasonal to work at the Ice Rink effective September 8, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

17.    Highway Supt. re Rate increase for part-time laborer Robert Krautsack

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a rate increase to $7.25 per hour for part-time Buildings & Grounds Department laborer Robert Krautsack effective May 10, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Krautsack completed 2500 hours to make him eligible for this increase.

12-C   COMMUNICATIONS

18.    Highway Supt. re Appointment of Jason Terry & Samuel Gioia as Sanitation Substitutes

Motion by Councilman Osmanski, seconded by Councilman Graber, to terminate Jason Terry and Samuel Gioia as part-time summer help in the Highway Department and appoint Jason Terry and Samuel Gioia as Sanitation Substitutes effective September 7, 2004 at a rate of $7 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

19.    Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize payment of $3350 to Lakeshore Employee Testing Service for random drug and alcohol testing and $7560 to Beauty Pools for various change orders on the pool renovation project.

20.    Chief Gehen re Extension of military leave of absence for Officer Timothy Pratt

Motion by Councilman Osmanski, seconded by Councilman Graber, to extend the military leave of absence for Officer Timothy Pratt effective September 1 – 30, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that this would also extend Officer Pratt’s medical coverage for his family during this period.

21.    Chief Gehen re Attendance of Capt. Denz & Fallon at training conference

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Capt. Daniel Denz and Capt. Larry Fallon to attend the Law Enforcement Training Directors Association of New York conference at Lake Canandaigua, New York, September 15 – 16, 2004 at a cost not to exceed $411 for meals and lodging, noting that there is no cost for the conference.

22.    Chief Gehen re Attendance of Lt. Radwan at Government Technology Conference

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. John Radwan to attend the Government Technology Conference in Albany, New York, September 27 – October 1, 2004 at a cost not to exceed $1246.

23.    Town Justices re Appointment of Barbara Mahoney as part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Barbara A. Mahoney as part-time Clerk Typist in the Justice Court effective September 27, 2004 at a rate of $9.50 per hour to be increased to $11 per hour effective March 20, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C   COMMUNICATIONS

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following part-time Clerks to part-time seasonal effective September 2 – November 30, 2004:

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

25.    Recreation Director re Status change for K. Langdon & D. Weixlmann to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following from part-time to part-time seasonal effective September 12 – November 21, 2004:

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

26.    Recreation Director re Reappointment of K. Pacella & P. Krakowski as part-time Clerk Typists

Motion by Councilman Osmanski, seconded by Councilman Graber, to reappoint the following to work as part-time Clerk Typists in the Burchfield Nature and Art Center effective October 1, 2004 – June 1, 2005 at a rate of $7.40 per hour:

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

27.    Recreation Director re Rate increase for part-time employees

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a rate increase for the attached list of part-time employees who worked the required 400 hours:

and further, grant a rate increase to the following part-time employees who worked the required 1400 hours:

Clerk Typist

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

*APPENDICES*

12-C   COMMUNICATIONS

28.    Recreation Director re Reappointment of part-time employees for fall/winter programs

Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint the individuals on the attached list as part-time to work in the fall/winter recreation programs and at the town Ice Rink effective September 26, 2004 – May 31, 2005 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

12-D   REPORTS

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RESIGNATION OF SCOTTY BURT AS PT CLERK AT YOUTH BUREAU

Motion by Councilman Hicks, seconded by Councilman Graber, to accept the resignation of Scotty Burt and terminate him as part-time Clerk at the West Seneca Youth Bureau effective September 13, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

APPOINTMENT OF KATHLEEN NOCERA AS PART-TIME CLERK AT YOUTH BUREAU

Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Kathleen Nocera as part-time Clerk at the West Seneca Youth Bureau effective September 21, 2004 at a rate of $9 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

TITLE CHANGE FOR DENNIS WEBER AND ROBERT GARRY

Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Dennis Weber and Robert Garry as laborers in the Sanitation Department and appoint Dennis Weber and Robert Garry as Sanitation Motor Equipment Operators effective September 20, 2004 at a rate of $15.64 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

COMPUTER SOFTWARE UPGRADE FOR BUILDING DEPARTMENT

Motion by Councilman Graber, seconded by Councilman Hicks, to authorize payment of $4133.99 to Business Automation Services for computer software updates.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

STATUS OF GAS LIGHT REPLACEMENT PROJECT

Councilman Graber reported on the status of the gas light replacement project and stated that he ran into some red tape in seeking funding to help pay for the analysis. New York State Energy Research & Development Agency (NYSERDA) was going to pay $8000 and County Legislator Tim Wroblewski’s Office was going to pay $10,000. The $10,000 was received from County Legislator Wroblewski, but because this was a new program in the state, NYSERDA required that an outside engineer be hired to review the Town Engineer’s findings. This delayed the project by about three months, but Siemens Building Technologies should be completing the analysis by early October. The packages would then be prepared and sent out to all natural gas light property owners, and they would be afforded ample time to make an informed decision based on facts. This should coincide with what Councilman Graber had hoped for with construction next spring.

REQUEST FOR STUDY OF CAPACITY IMPROVEMENTS ON ORCHARD PARK ROAD

Councilman Graber stated that the New York State Department of Transportation (NYSDOT) had put together a NYS Advisory Panel on transportation policy for 2025. They had various meetings throughout the state and West Seneca Development Corporation Executive Director David Lawrence attended one of the meetings. Councilman Graber had contacted Mr. Lawrence and asked that he provide written testimony to the NYS Advisory Panel regarding the Town of West Seneca’s infrastructure needs between now and 2025. Mr. Lawrence suggested that the West Seneca Town Board follow up his submission with a board resolution stating that the town was in favor of them committing resources for the town’s infrastructure needs.

Motion by Councilman Graber, unanimous second, that the West Seneca Town Board request from the New York State Department of Transportation and related transportation planning agencies additional study and construction of capacity improvements on Orchard Park Road (SR 240).

On the question, Councilman Graber stated that many years ago New York State attempted to widen Orchard Park Road to four or five lanes; however, they never considered three lanes. Councilman Graber commented on the difficulty in making a left hand turn on Orchard Park Road between the hours of 3:00 P.M and 7:00 P.M. along with other hours of the day. Traffic studies indicated that use of Orchard Park Road increased from 13,700 vehicles per day in 1999 to 15,800 vehicles per day in 2002. Councilman Graber thought it was incumbent upon the Town Board to go on record with the NYSDOT and request that they consider what could be done to alleviate some of the congestion on Orchard Park Road as long as they were considering long-range goals on improving infrastructure.

Supervisor Clark commented that many years ago the Town Board had supported the Orchard Park Road residents in their opposition to the major widening project that NYSDOT had proposed. NYSDOT went on to other projects, but he thought it was time for them to take another look at the situation and come up with some good, constructive ways to mitigate the traffic congestion on Orchard Park Road.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

COUNCILMAN GRABER RESPONDS TO PUBLIC COMMENTS

Councilman Graber commented that the board members were elected to represent the people, and they tried to make positive impacts wherever they could. He had met with residents with flooding problems who were very upset, and it was very frustrating that they could not change things that happened in the past. Councilman Graber took exception to the implication made earlier at this meeting that he was lying. He stated that he did not lie about things and had not seen a drawing on the ice rink. Councilman Graber had not met with the individual and did not even know him. He did not want to cloud his vision and preferred to wait until all the paperwork was done and make an informed decision based on facts.

STATUS OF TAMPA DRIVE PROPERTY MAINTENANCE

Councilman Osmanski referred to Building Inspector William Czuprynski property on Tampa Drive that was in need of maintenance.

Mr. Czuprynski responded that his office had visited the property and the grass was cut in accordance with the Town Code.

PUBLIC HEARING SET FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to schedule a public hearing for October 11, 2004 at 7:30 P.M. to consider the use of Community Development Block Grant funds.

RESOLUTION IN SUPPORT OF RESTORATION OF TRAFFIC FINE REVENUE

Motion by Supervisor Clark, unanimous second, to adopt the attached resolution supporting restoration of traffic fine revenue.

*APPENDICES*

SUPPORT FOR ASSEMBLY BILL A.9924 “LOCAL TAXPAYER RELIEF ACT OF 2004”

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution urging support of the proposed Assembly Bill A.9924, “Local Taxpayer Relief Act of 2004.”

*APPENDICES*

SURCHARGE ON VIOLATIONS OF NYS VEHICLE & TRAFFIC CODE

Motion by Supervisor Clark, seconded by Councilman Graber, to schedule a public hearing for October 11, 2004 at 7:30 P.M. to consider instituting a surcharge on violations of the NYS Vehicle & Traffic code.

On the question, Supervisor Clark stated that this involved assessing a $10 fee on certain violations, and they would have to amend the local law in order to be able to enforce and retain this fee.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

MODIFICATION TO TOWN CODE REGARDING VEHICLE & TRAFFIC LAWS

Motion by Supervisor Clark, seconded by Councilman Graber, to schedule a public hearing for October 11, 2004 at 7:30 P.M. to consider a modification to the Town Code establishing certain vehicle and traffic laws to be in effect in the Town of West Seneca.

RENAMING OF KNOX PLAYGROUND TO SWITZER PARK

Motion by Supervisor Clark, unanimous second, that the West Seneca Town Board accommodate the request of Winchester Fire Company and rename the facility known as Knox Playground to Switzer Park.

On the question, Supervisor Clark directed Highway Supt. Pat Finnegan and Town Engineer George Montz to come up with a designating plaque or some kind of signage at the main entrance to the park.

Mr. Finnegan questioned if the Town Board wanted a signature sign for the entrance to the park.

Councilman Graber suggested that Mr. Finnegan work with Winchester Fire Company in developing an appropriate sign for the park.

Supervisor Clark noted that Winchester Fire Company was celebrating their 100th anniversary on Saturday, September 25, 2004 and they intended to announce the renaming at that time.

TOWN BOARD MEETINGS SCHEDULED

Supervisor Clark announced the Town Board meetings scheduled for the fourth quarter of 2004, noting that a budget meeting would also be held some time in November.

REMOVAL OF CUT GRASS FROM MOWED LAWNS

Supervisor Clark suggested that when the Building Department enforced the Property Maintenance Ordinance and had a property owner’s lawn mowed, that the cut grass also be removed from the property. He had recently visited a property on Angle Road where the cut grass was left and did not believe that it was a proper job. Any additional cost for this work would be charged back to the property owner along with the cutting of the grass.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TITLE CHANGE FOR DARYL KRAWCZYK & GREGORY KLUCK TO HIGHWAY MEO’S

Motion by Councilman Osmanski, seconded by Councilman Hicks, to terminate Daryl Krawczyk and Gregory Kluck as Mechanics in the Highway Department and appoint Daryl Krawczyk and Gregory Kluck as Highway Motor Equipment Operator, Step 5, at a rate of $20.29 per hour effective September 20, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 10:20 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK