16-B    HELD OVER PUBLIC HEARING

1. Re: “A REQUEST FOR A REZONING AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 395 WEST AVENUE, BEING PART OF LOT NO. 184, CHANGING ITS CLASSIFICATION FROM R-50 TO M-1(S), FOR STORAGE OF CONSTRUCTION VEHICLES” in the Town of West Seneca.             (Dan Reidy)

Councilman Hicks stated that Mr. Reidy had met with the residents of the condominiums and apartments in an effort to resolve their differences. The parties could not reach an agreement and Mr. Reidy advised him that he would be withdrawing his application for rezoning. Mr. Reidy planned on building in the M-1 zoned portion of the property and might build apartments in the R-50 zoned portion in the future.

Kari Kaul, 400 West Avenue noted for the record that paperwork and photographs had been submitted to the Town Board at this meeting and also requested that drainage issues be addressed when Mr. Reidy erected the proposed building.

Councilman Hicks advised that Mr. Reidy would be required to follow all town requirements on drainage at that time.

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

Motion by Supervisor Clark, seconded by Councilman Hicks, to deny the request for a rezoning and special permit for property located at 395 West Avenue, being part of Lot No. 184, changing its classification from R-50 to M-1(S), for storage of construction vehicles, noting that the petitioner withdrew his request.

16-C    LEGAL NOTICES

1.    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, 2005 THROUGH DECEMBER 31, 2005” in the Town of West Seneca, received and filed.

16-D    COMMUNICATIONS

1.   Supervisor Clark re Resolution concerning Empire Sports Network & Adelphia Communications

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt the attached resolution with regard to monitoring Adelphia Communications and its successors to carefully consider and make every effort to retain Empire Sports Network as a regional sports network, and further, preserve the over 1700 jobs provided in the region.

On the question, Supervisor Clark stated that Adelphia Communications might be closing down its Empire Sports Network in order to save on its business operation costs and enhance profitability. This action on the part of Adelphia would result in the loss of more than 1700 jobs, as well as loss of Western New York sports coverage throughout the country. He felt it was important for the Town Board to go on record in opposition to Adelphia’s decision and to let Adelphia know this action would not be taken lightly when Adelphia returned to the town for a franchise in the future.

*APPENDICES*

2.   Town Attorney re 2004 Stop DWI contract

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute the 2004 STOP DWI agreement that covers reimbursement to the town for police work and court processing.

3.   Town Attorney re Grant contract for publication & printing of historical calendar

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve a grant contract in the amount of $1000.00, provided by Erie County Legislator Timothy J. Wroblewski, to be used to defray the expenses involved with the publication and printing of the Town of West Seneca Historical Calendar and authorize Supervisor Clark to execute the agreement with the County of Erie.

4.   Town Engineer re Woodward/Hybank/Belmont Drive Reconstruction Project, final acceptance

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #2 for Buffalo Creek, Inc., 11800 Route 20A, Wales Center, NY 14169, for a net deduct of $31,850.77 and accept the Woodward/Hybank/Belmont Drive Reconstruction Project, Job No. W-0206 at a final contract amount of $744,902.17.

16-D   COMMUNICATIONS

5.   Town Engineer re Purchases requiring Town Board approval

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

6.   Highway Supt. re Purchase of portable generators for traffic signals

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of seven (7) portable generators for traffic signals for use during power failures at intersections from R.B. U’Ren at a cost of $1031.25 each, total cost $7218.75.

7.   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:

8.   Chief Gehen re Purchase of automatic external defibrillators

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the purchase of five (5) Powerheart Automatic External Defibrillators (AED) G3 package with text display biphasic model 9300E-201 units from Cardiac Life Products, Inc., 1601 Penfield Road, Suite 750-203, Rochester, NY 14625 at a cost of $2495 plus pads, defib trainer, supplies, and shipping, less $4750 for the trade-in of five (5) older monophasic units, for a total cost of $9292.90.

9.   Chief Gehen re Attendance of Officer Caulfield at School Resource Officer training course

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Officer Mary Caulfield to attend the School Resource Officer Training Course in Poughkeepsie, New York, December 5 – 10, 2004 at a cost not to exceed $1065.

16-D   COMMUNICATIONS

10.   Chief Gehen re Retirement of Detective Louis Giordano

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the retirement of Detective Louis Giordano and terminate him effective November 30, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Giordano served the West Seneca community for the past 33 years.

On the question, Councilman Osmanski commented on Lt. Giordano’s outstanding character and years of service to the youth of West Seneca. Lt. Giordano’s always went beyond the call of duty in working with youth. He always presented himself as a solid citizen and professional officer, and the Town of West Seneca would miss his services.

11.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve a budgetary transfer request in the amount of $3000 from Police Supplies Acct. #01.3120.0400 to Other Expenses Acct. #01.3120.0419.

12.   Chief Gehen re Rate increase for part-time Public Safety Dispatchers Kavanaugh & McCullough

Motion by Councilman Osmanski, seconded by Supervisor Clark, to establish a Step 3 for part-time Public Safety Dispatchers with 5400 hours of service and set the hourly rate at $9.95, and further, grant a Step 3 rate increase to James Kavanaugh and James McCullough and set their rate of pay at $9.95 per hour effective November 6, 2004 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Dog Control Officer re Purchase of 2002 Ford Expedition 4 x 4 truck

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize the purchase of a 2002 Ford Expedition 4 x 4 truck from Pat Leary Motor Cars, Inc., 2028 Union Road, West Seneca, New York, at a cost of $19,800 and approve an additional amount not to exceed $5200 for changeover and conversion of equipment (lights, radios & lettering), noting that this will replace the 1994 Ford Van now in service in the Dog Control Office.

On the question, Councilman Graber stated that a taxpayer had raised concerns on the purchase of this vehicle in terms of cost and condition. He noted that the vehicle was used with a blue-book value of $23,550 and a similar type new vehicle cost $38,000. The dog control officer had been requesting this type vehicle for seven years. Councilman Graber further noted that the town had been in violation of NYS Agriculture & Markets regulations requiring the use of separate vehicles for the transportation of animal carcasses and live animals. The town was also protected by the Lemon Law, which covered used vehicles, and “car facts” was also utilized to determine whether the vehicle had been involved in any accidents. It was determined that it had not, and Councilman Graber felt that West Seneca taxpayers were being served well by the purchase of this vehicle.

16-E    REPORTS

ISSUES OF THE PUBLIC

SNOW FENCE ON SENECA CREEK ROAD

Joseph Paolini, 75 Seneca Creek Road, submitted photographs of a snow fence recently erected by his neighbor. The fence was situated 110 feet from his neighbor’s driveway, and Mr. Paolini felt that it was erected in retaliation for a previous dispute between the two of them. It was his understanding that the fence was illegal and would not be allowed unless his neighbor applied for a variance.

Deputy Town Attorney William Bond stated that an application to the Zoning Board of Appeals could be made for a variance when there was a violation of the building code. It would then be up to that board to either grant or deny the request. He also noted that an applicant was required to submit a letter of permission from adjoining neighbors.

Building Inspector William Czuprynski stated that under normal conditions his department would not cite an illegal snow fence because of the short use time involved. In this situation, however, it seemed clear that the fence was not intended to hold back snow, being a distance of 110 feet from the driveway. Mr. Czuprynski stated that he would investigate the matter.

Mr. Paolini further stated that he had observed equipment being delivered to his neighbor by a town truck.

Supervisor Clark thanked Mr. Paolini for bringing this to the attention of the board and directed Highway Supt. Pat Finnegan to investigate the matter.

Douglas Leonard, Angle Road, questioned who would be following up on the situation with personal use of town vehicles and whether the results of any investigation would be brought up at the next town board meeting.

Supervisor Clark stated that Highway Sup’t. Pat Finnegan was directed to follow up on the complaint.

Deputy Town Attorney William Bond stated that the circumstances surrounding the incident would determine whether or not the information was made public. For example, if the matter resulted in the discharge of an employee, that information and the employee’s identification would not be brought out in the Town Board report on the incident.

OPPOSITION TO 3-MINUTE RULE

Dale Clarke, 379 Indian Church Road, questioned the fairness of the 3-minute rule recently implemented by the Town Board. He felt it was used indiscriminately and selectively enforced. Mr. Clarke suggested that the practice be discontinued.

Don Grasso, 64 Lexington Green, stated his opposition to the 3-minute rule. He felt it was being used as a tool against certain individuals and should be discontinued.

PROCEDURE FOR REPORTING DEAD ANIMALS QUESTIONED

Virginia Grandoni, 870 Orchard Park Road, referred to the previous discussion on use of a separate dog control vehicle for transportation of dead deer and dogs, etc. She stated that when she called Town Hall to report a dead animal she was directed to contact the Highway Department. Mrs. Grandoni questioned the procedure for notifying Agriculture & Markets of a dead animal.

ISSUES OF THE PUBLIC

PROCEDURE FOR REPORTING DEAD ANIMALS QUESTIONED    (continued)

Chief Gehen stated that Mrs. Grandoni might have been directed to contact the Highway Department because they would then contact the Dog Control Officer. The Police Department only filed a report of a dead animal when there was an accident involved. That information would then be relayed to Agriculture & Markets.

SUGGESTION FOR REVISION TO TOWN BOARD AGENDA

Amy Carpenter, 406 Woodward Crescent, stated that she would like to see Town Board meetings begin with old business. That way someone interested in a previous discussion or inquiry could view the conclusion of the matter online without the necessity of appearing at the meeting. She used the flood retention system near Southgate Plaza as an example and stated she would like to see items investigated and reported on at the following meeting.

Councilman Graber responded that a situation such as the ice retention system was a complicated matter with numerous facets of the project being worked on continuously. That type of situation would prove too cumbersome, but he did see the merit in what was being suggested.

Supervisor Clark stated that the Town Board would take the suggestion into consideration and discuss the practicality of it.

STATUS OF MEETING ON ICE RETENTION STRUCTURE

Diane Siminski, 44 Parkside Drive, questioned the status of the meeting on the ice control structure referred to by Town Attorney Tim Greenan at the last meeting.

Town Engineer George Montz stated that he had talked to the project manager and was informed that the matter of the road was resolved with ABC Paving. It was his understanding that a notice to proceed was going to be issued to the contractor.

TOWN BOARD AWARDED FOR PRESERVATION OF TOWN PARK LANDS

James Rathmann, 491 Meadow Drive, represented the Upstate New York Chapter of the American Society of Landscape Architects and presented a community achievement award to the Town Board for its efforts in preserving and enhancing town park lands.

Councilman Graber noted that Supervisor Clark and Councilman Osmanski were mainly instrumental in developing the majority of parks in West Seneca and took the lead in increasing and improving park lands in town.

Supervisor Clark expressed the board’s appreciation for the award and noted that they had been successful over the years in obtaining green space for the town whenever possible.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

CONSULTING CONTRACT FOR SENIOR CITIZENS FITNESS CENTER

Motion by Councilman Hicks, seconded by Supervisor Clark, to authorize the Supervisor to sign a contract with LMC Company for consulting costs to begin construction on a fitness center at the West Seneca Senior Citizens Center.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

RECORDS MANAGEMENT GRANT APPLICATION

Motion by Councilman Graber, seconded by Councilman Osmanski, to adopt the following resolution regarding the 2005-2006 records management grant application:

WHEREAS, the Town of West Seneca desires to obtain grant funds available under the Local Government Records Management Improvement Fund for the purpose of performing a needs assessment for a document imaging system for the Town Clerk’s office; now, therefore, be it

RESOLVED, that Supervisor Paul T. Clark is hereby authorized to execute the necessary documents to apply for funding in an amount not to exceed $16,000 to the New York State Education Department, State Archives.

RESIGNATION OF DANIEL CHAVANNE FROM ENVIRONMENTAL COMMISSION

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept the resignation of Daniel Chavanne from the West Seneca Environmental Commission and as the Town of West Seneca representative on the County Management Council.

PROFESSIONAL SERVICES FOR TOWN CENTER PROJECT

Motion by Councilman Osmanski, seconded by Supervisor Clark, to hire the architectural firm of Wendel Duchscherer for professional services not to exceed the sum of $7,500.00 for the consultation and design of the proposed town center project.

SUGGESTION FOR PRESENTATION ON DEPARTMENTAL DUTIES

Councilman Bove noted that she had received inquiries on the duties and services provided by the various town offices. She suggested that each department head give a five-minute presentation on their department at a Town Board meeting.

LEGISLATOR WROBLEWSKI THANKED FOR MEMBER ITEM MONEY

Town Clerk Patricia Wisniewski expressed her appreciation to Erie County Legislator Timothy Wroblewski for the member item money made available to help defray the cost of the town’s historical calendar. She noted that the calendar had been in existence since 1998 and was well received in the community. The historical calendar was available at the Town Clerk’s office, Centerview Liquor Mart, Country Peddlers and Extremities Hair Salon.

RETIREMENT OF LT. GIORDANO

Chief Gehen expressed his appreciation to Lt. Giordano for his 25 years of service to the town and stated that he would be missed by the West Seneca Police Department. He was proud to have worked with Lt. Giordano who proved himself as an outstanding officer and human being.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PUBLIC HEARING SCHEDULED FOR BILLBOARD ON MEYER ROAD

Deputy Town Attorney William Bond stated the town had been served with an Article 78 proceeding on the matter of the special permit for a billboard at 451 Meyer Road. He felt it would behoove the town to schedule a public hearing for this matter.

Motion by Councilman Hicks, seconded by Supervisor Clark, to schedule a public hearing for December 20, 2004 at 7:30 P.M. concerning the request for a special permit for 451 Meyer Road.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:50 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK