3-B    LEGAL NOTICES

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

Town Attorney Tim Greenan advised that the Town of West Seneca was named lead agency for the purpose of completing an environmental review under SEQR for the North America Center Industrial Park High-Technology, Manufacturing and Service Industry development and a final written scope for the proposal was accepted on October 23, 2000. The town received and reviewed a draft supplemental generic environmental impact statement of the project and determined on December 17, 2001 that it was complete with regard to scope, content and the adequacy for the purpose of commencing public review according to the requirements of SEQR. The Town Board scheduled this public hearing to accept comments on the draft and would continue to accept comments through February 15, 2002.

David Lawrence, 45 Thomas Drive, Executive Director of West Seneca Development Corporation, stated that the original environmental impact statement for the industrial park was filed in the early 1990's. The supplement to this statement was to allow for additional permitted uses and their impacts to be reviewed in accordance with SEQR. Target industries were added that were identified regionally as more likely to have economic development success. These included medical instrument manufacturing, high-technology manufacturing, research and development, office operations, and warehouse distribution. From an economic development perspective, they needed to have shovel-ready and pre-permitted sites available for any prospective project that would be anxiously waiting to be developed.

3-B    LEGAL NOTICES

Project Consultant Gary Palumbo of TVGA Engineering stated that they were under contract with the Erie County Industrial Development Agency (ECIDA) to prepare the environmental impact statement for the project. This was a supplemental environmental impact statement that was generic in nature because there were no specific projects ready to go in the park today. The purpose of this was to prepare a shovel-ready site for one of six types of projects - high-technology; medical related products and services; office operations; industrial equipment manufacturing and/or light assembly; specialty chemicals and plastics packaging; and start up incubator opportunities or research and development. These uses were not anticipated with the original industrial park and were different than what was expected. If any of these types of projects should decide to locate in the industrial park now, the SEQR would already be done and the Town Board would only have to issue a negative declaration, which was part of the pre-permitting process. Mr. Palumbo stated that they looked at the worst case scenario for each of the six land uses, identified the greatest possible impact in any of the environmental considerations, identified the potential for it happening and the significance, and if required, mitigation measures. The economic impacts of each of the six types of target industries varied. They identified the number of employees, direct and indirect, and the direct and indirect economic impact. This ranged from a total build out of the site with office parks over a ten-year period and over $10 billion in construction, taxes, and wages direct and indirect, down to $3.9 billion with 40 research and development facilities. On the environmental side, they evaluated air quality, noise, energy, solid waste, traffic, surface water, wastewater, water supply, visual impacts, emergency services, and occupational health and safety. The worst case was identified from the six areas and it was then evaluated for possible mitigation. Mr. Palumbo stated that they also looked at alternatives if none of the target industries located in the industrial park and noted that the park could still build out under the scenario approved in 1991. Another alternative was the size and they identified the build out of the remaining 200 acres for each or any mix of the six target industries. Mr. Palumbo stated that transportation was one of the more significant areas of impact and the level of mitigation necessary would directly relate to the type of industry. The New York State Department of Transportation (NYSDOT) did a very extensive traffic study. They evaluated 24 intersections and came up with eight scenarios for development with mitigation measures including additional traffic signals, signal optimization and phasing, and turning lanes. It was determined that the Buffalo Sewer Authority had capacity for build out of the industrial park, but at build out there might have to be some improvements to the wastewater conveyance system. The most significant visual impact would be if there were two chip fab facilities, which would require water towers to have adequate water pressure. Unavoidable adverse impacts that SEQR required to be identified were a variable increase in the levels of car and truck traffic, increases in noise and air emissions associated with increased vehicular traffic, temporary increases in noise and emissions associated with construction activities, increased air emissions associated with target industrial operations, visual impacts from one or two water towers, and the current vacant land would be permanently converted to a permitted use. Mr. Palumbo stated that the draft supplemental generic environmental impact statement indicated that the majority of impacts evaluated were determined either not likely to occur, not be significant, or could be mitigated to acceptable levels. At the close of the public comment period a final environmental impact statement would be prepared and presented to the Town Board for their acceptance.

Supervisor Clark stated that Mr. Palumbo had extensive research and analysis regarding the various points of potential environmental impact with respect to the different uses and there was much data available.

Mr. Greenan advised that a copy of the draft supplemental generic environmental impact statement was filed with the Town Clerk's Office on December 17, 2001 and remained on file for public viewing. Mr. Greenan questioned Mr. Palumbo with regard to the next action step for the Town Board to take after receiving public comments.

Mr. Palumbo responded that the board would need to identify which substantial comments, if any, needed to be addressed in the final impact statement. After that, the final impact statement would be prepared and submitted to the Town Board. There would be a notice of completion of the final impact statement published and ten days after that a findings statement.

3-B    LEGAL NOTICES

Supervisor Clark stated that they were trying to get WNY more job opportunities and the ability to retain and attract more high quality businesses and jobs to the area. WNY experienced a population decline and an opportunity decline and West Seneca was also suffering as a result of it. In the early 1990's, the town took a bold step and put together the 400 acres in the Industrial Park. The developer was continuing to develop the property at a reasonable pace, but it was probably about average considering the ability to attract new business to an industrial park in WNY. The large tract of land that was still available in the park might be desirable to a large user, but they wanted to be sure that the town could handle a large business of whatever nature and that it was prepared for that business. With the help of David Lawrence, the Town of West Seneca won some major state funding in a competition two years ago. The grant was used to conduct traffic studies and vibration analysis studies for possible chip fab manufacturing companies. A committee met monthly for a couple years to put together an effort to try to attract a very large user to the park. About one year ago, they decided not to limit the park to only one industry, and instead open it up to many different industries that would be suitable for the area. They wanted to attract businesses that would provide jobs for the area and more economic opportunity without smokestacks, oppressive smells, or excessive noise pollution. That was the reason for the supplemental generic environmental impact statement. Supervisor Clark also stated that besides identifying the possible areas of environmental concern, they wanted to be ready for a company who might decide that they want to locate here. Doing some of this work in advance would cut down on the time it took for a company to go through the process.

No comments were received from the public.

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

3-C    COMMUNICATIONS

1.   Supervisor Clark re Reappointment of Carol Lorigo to Board of Assessment Review

Motion by Councilman Osmanski, seconded by Supervisor Clark, to reappoint Carol Lorigo to the Board of Assessment Review for a five-year term effective October 1, 2001 through September 30, 2006 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Town Attorney re W.S. Little Loop Football referee agreement

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Attorney's Office to prepare an agreement with the Western New York Official's Association covering refereeing of Little Loop football games for the 2002 season in an amount not to exceed $2500 and authorize the Supervisor to execute the agreement.

3.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $1977 to Kenneth R. Handyside / Roto-Rooter for cleaning and repair of sewer on Mill Road.

The second voucher submitted with this item was received and filed at this time.

3-C    COMMUNICATIONS

4.   Highway Supt. re Title change for D. Krawczyk & B. Cummins to Highway Motor Equipment Operators

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Darryl Krawczyk as Highway Mechanic and appoint Darryl Krawczyk as Highway Motor Equipment Operator, Step 5, Group 2, at a rate of $19.36 per hour effective February 11, 2002; and further, terminate Brian Cummins as Highway Laborer and appoint Brian Cummins as Highway Motor Equipment Operator, Step 5, Group 2, at a rate of $19.36 per hour effective February 11, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

5.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $3122.44 and $2000 to Trane for repairs at the Ice Rink and for annual payment of their service agreement.

6.   Chief Gehen re Retirement of Detective Rickard Smith

Motion by Councilman Osmanski, seconded by Councilman Graber, to accept the retirement of Rickard Smith and terminate him as Detective effective February 23, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Detective Smith served the West Seneca community admirably for the past 31 years.

7.   Chief Gehen re Retirement of Desk Lieutenant Michael Smith

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to accept the retirement of Michael Smith and terminate him as Desk Lieutenant effective February 24, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Desk Lt. Smith served the West Seneca community admirably for the past 29 years.

8.   Chief Gehen re Appointment of James Loga as Detective Temporary

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant a leave of absence to James K. Loga from his position of Police Officer effective February 23, 2002 and appoint James K. Loga as Detective Temporary effective February 24, 2002 at an annual salary of $56,637 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

3-C    COMMUNICATIONS

9.   Chief Gehen re Purchase of radio system

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of various radio equipment, installation and labor from FM Communications Inc., 1914 Colvin Blvd., Tonawanda, NY 14150 at an estimated cost of $15,447.25, noting that FM Communications is the sole source provider of radio service for the Police Department, two of the components are on the state contract #P052964, and the purchase will be funded through the 1999 and 2000 Local Law Enforcement Block Grants.

10.   Chief Gehen re Attendance of Captain Fallon & Officer Turkovich at ASLET conference

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Captain Larry Fallon and Police Officer Joseph Turkovich to attend the American Society for Law Enforcement Training (ASLET) Conference, February 18 - 24, 2002 in Anchorage, Alaska at a cost not to exceed $3520.72.

11.   Chief Gehen re Designation of National Night Out

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to designate Tuesday, August 6, 2002 as National Night Out to be held at the Southgate Plaza and direct the Buildings & Grounds Department to assist in setting up and dismantling any needed equipment.

12.   Town Clerk re Web site hosting services

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize -www.westseneca.net as the town's official website and James Manley as Webmaster.

13.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2935 to Brown's River Bindery for treatment and rebinding of vital records books.

14.   Town Clerk re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2011 to Niagara Business Solutions, Inc. for the annual maintenance fee on the Clerk's Accounting System in the Town Clerk's Office.

15.   Tax Receiver re Extension of warrant for 2002 town/county tax collection

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to extend the warrant for the 2002 town/county tax collection from April 30, 2002 to June 30, 2002.

3-C    COMMUNICATIONS

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

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of Tuesday, March 19, 2002 at 10:00 A.M. in the Town Clerk's Office for receipt of bids on arts and crafts supplies necessary to conduct the 2002 town recreation program.

3-D    REPORTS

PROBLEMS OF THE PUBLIC

PROPERTY MAINTENANCE IN FISHER COURT

Johanna Guenther, 140 Neubauer Court, stated that 95 percent of the residents of Fisher Court subdivision kept their homes maintained and landscaped, but a small percentage of the residents' homes were not well maintained. There were unlicensed vehicles, empty trailers, and junk in some of the yards and this spoiled the appearance of the entire neighborhood. Mrs. Guenther requested that the Town Board take action to have these properties cleaned up.

Supervisor Clark referred this matter to Building Inspector Bill Czuprynski.

UPDATE ON ICE RETENTION FACILITY

Jim Bove, 11 Willowdale Drive, requested an update on the ice retention facility for Cazenovia Creek.

Town Attorney Tim Greenan advised that they needed to acquire property or obtain easement rights in the flood plain area in order to proceed with the ice retention facility. The original proposal was that the New York State Department of Environmental Conservation (NYSDEC) would do this, but the current Pataki Administration had a policy against using the power of eminent domain. The most recent meeting on this matter discussed the possibility of the town taking on this role. Mr. Greenan had met with Town Engineer George Montz and the Army Corps of Engineers to develop a proposal for the Town Board as to whether or not they wanted to undertake this responsibility. They would be meeting again in March and would report back to the Town Board with a recommendation. Mr. Greenan thought that the process would be speeded up if the town were to acquire the property because they would not have to rely on other agencies. NYSDEC's timeframe was over one year; the timeframe for the town would be approximately six months.

Councilman Osmanski noted that they only wanted flood rights and did not want to take anyone's property from them. All the property was located in a flood plain and not able to be developed. Flood rights were needed because they would be physically causing the ice to jam and the property to flood, even though the property would flood anyway without the ice retention structure.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

STATUS OF DRAINAGE SITUATION AT TONY ROME'S

Councilman Hicks questioned the status of the drainage work at Tony Rome's.

Building Inspector Bill Czuprynski responded that this item would be in court this Friday and he would be asking for a $50 fine per day at that time.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

STATUS OF DRAINAGE SITUATION AT TONY ROME'S (continued)

Town Attorney Tim Greenan suggested that Mr. Czuprynski continue to issue a summons on a weekly basis as long as the work remained undone. The Judge was not able to impose a fine on a per day basis with a single allegation. Continued weekly violations were required in order to impose a $50 per day fine.

YOUTH BUREAU PURCHASES REQUIRING TOWN BOARD APPROVAL

Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize payment of $1952.24 to Simar Enterprises for AmeriCorps sweatshirts & denim shirts and $2075 to Dualex Office Products for a computer and power back up.

BID AWARD FOR LEASE OF VAN FOR YES PROGRAM

Motion by Councilman Hicks, seconded by Councilman Osmanski, to award the bid for lease of a 2002 12-passenger van for the YES program to Basil Chevrolet, 5111 Transit Road, Depew, NY 14043 at their low bid price of $379 for 36 months.

PAYMENT FOR MEDICAL SERVICES FOR K-9 POLICE DOG "DAK"

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $1790.35 to Cornell University - College of Veterinary Medicine, Cornell University Hospital for Animals, Ithaca, NY 14853 for medical services rendered to K-9 police dog DAK on January 30 - 31, 2002; and further, approve a budgetary transfer in the amount of $1791 from Contingent Account #01.1990.0480 to Other Expenses Account #01.3120.0419.

JUNK TRAILER AT SENECA STREET AND MILL ROAD

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 8:45 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK