12-B    LEGAL NOTICES

1.   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 AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 1492 SOUTHWESTERN BLVD., BEING PART OF LOT NO. 395, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A RESTAURANT WITH SERVICE OF ALCOHOLIC BEVERAGES" in the Town of West Seneca, be received and filed.          (Eleanore M. Bullard, Brenden Giglio, Carl Giglio)

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 July 17, 2002 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-1 to C-2(S), for a restaurant with service of alcoholic beverages, with the following stipulations: 1) screening in the form of a solid interwoven chain link fence or stockade fence (choice of the adjoining property owners) along the north and east line of the property; 2) single entry to the property as far west as the present grade allowed; 3) limit the rezoning to the area of the existing building west of the existing firewall; 4) service of alcoholic beverages limited to wine and beer."

12-B    LEGAL NOTICES

1.    (continued)

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioners and stated their intention to purchase the former Hector's Hardware located at 1492 Southwestern Blvd. and use 110' x 30' of the building for a sit-down/take-out pizzeria. The balance of the building would be rental property. Mr. Lorigo presented pictures of the property along with pictures of the adjacent properties and commented on the other commercial zonings and restaurants on Southwestern Blvd. He noted that the petitioners had experience in the restaurant business. There was adequate parking and no variances would be required. There would be six booths each seating four people and twelve tables each seating two people, for a total of 48 seats and ten parking spaces. The area of the building to be leased for storage would require six parking spaces, so a total of 16 parking spaces were required for the entire property. Mr. Lorigo stated that the petitioners were also requesting a special permit to sell beer and wine at some time in the future.

Councilman Osmanski asked for clarification on placement of the fence, its height, and placement of the dumpster.

Mr. Lorigo stated that the existing fence on the east property line belonged to TV Bill's on Leydecker Road. The Planning Board wanted to see the 4-foot high fence continued around the back where the property was cleared. He did not believe there was any reason to fence the west side because it was all overgrown. Mr. Lorigo indicated the dumpster location to be in the corner of the building near the storage area and it would be screened.

Andrew Lukasik, owner of Luke's Enterprises located at 1500 Southwestern Blvd., was not opposed to a pizzeria next to his business, but was concerned about the parking. Even with a small business like Hector's Hardware, there were parking problems and people would park in Mr. Lukasik's lot. He anticipated that the pizzeria would generate more business and was concerned that the patrons would use his parking lot. Mr. Lukasik also commented on the screening and noted that TV Bill's fence was only about three feet high. He understood that the petitioners would be required to construct a 4-foot high fence along the length of TV Bill's property and the alcove where the dumpster would be located. Mr. Lukasik further questioned the amount of square footage of the building that would be used for the restaurant.

Mr. Lorigo responded that about 3700 square feet of the total 7000 square footage would be used for the restaurant.

Mr. Greenan stated that the Planning Board recommended that the rezoning and special permit only apply to that area of the building west of the firewall. If the Town Board granted approval they would indicate that it was as per the plan submitted.

Councilman Graber commented on the screening issue and noted that the Planning Board had stipulated that there be screening along the entire north and east property lines.

Mr. Lorigo stated that the Town Code did not require screening of abutting commercial property and the pizzeria would be located on Southwestern Blvd. next to Mr. Lukasik's used car dealership and collision shop. He presented a picture of Mr. Lukasik's property and noted that there were railroad ties along the property line to prevent vehicles from driving from the pizzeria parking lot onto Mr. Lukasik's lot. Mr. Lorigo thought it was impractical for the petitioners to construct a fence between the two commercial properties and it would obstruct the vision of motorists trying to exit onto Southwestern Blvd. The petitioners agreed to construct a fence for screening along the residential property at the rear.

Deputy Town Attorney Bill Bond did not believe that the Planning Board was aware of any fence along TV Bill's property. He understood that they wanted screening from the building to the rear lot line.

Councilman Hicks did not believe that the fence along TV Bill's property could be considered proper screening.

12-B    LEGAL NOTICES

1.    (continued)

Mr. Lorigo noted that the purpose of the fence was not for screening; it was to prevent restaurant patrons from trespassing on the abutting properties. The petitioners agreed to construct a fence from the end of TV Bill's to the east corner and 25 feet along the north property line up to the brush area.

Councilman Hicks suggested putting some type of planters between the pizzeria and Luke's Enterprises to help prevent patrons from parking in Mr. Lukasik's lot.

Mr. Lorigo did not believe that planters were necessary and did not think that parking would be a problem.

Councilman Osmanski commented that Mr. Lukasik had a problem with the previous tenant of this building not respecting his property. Mr. Lukasik had a number of vehicles sitting on his property at night that were unattended, and he was trying to protect himself and his business from future problems.

Mr. Lorigo stated that the petitioners were buying the building and would be taxpayers in West Seneca. He felt that Mr. Lukasik's concerns would diminish once the petitioners opened their business.

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve the request for a rezoning and special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-1 to C-2(S), for a restaurant with service of alcoholic beverages, with the following stipulations: 1) screening in the form of a solid interwoven chain link fence or stockade fence along the east property line from the end of the present post and rail fence to the northeast corner, and then continuing along the north line 25 feet to the west; 2) single entry to the property as far west as the present grade allowed; 3) limit the rezoning to the area of the existing building west of the existing firewall as shown on the site plan submitted; 4) service of alcoholic beverages limited to wine and beer.

*APPENDICES*

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

Chief Gehen stated that the Town of West Seneca was eligible for a direct award of $34,383 from the 2002 Local Law Enforcement Block Grant with a match of $3820 from the town. He proposed utilizing these funds to continue the community policing programs with two Citizen Police Academies per year, continuing the bike patrol, and expanding the Stop, Walk and Talk program. Chief Gehen further suggested that the remainder of the funds be used for necessary police equipment and computer hardware and software.

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

12-B   LEGAL NOTICES

2.    (continued)

Motion by Supervisor Clark, seconded by Councilman Osmanski, to utilize the direct award of $34,383 from the 2002 Local Law Enforcement Block Grant for two (2) Citizen Police Academies per year, continuation of the bike patrol, expansion of the Stop, Walk and Talk program, and for purchase of police equipment including computer hardware and software, and further, commit $3820 as the town's match.

3.   Motion by Councilman Osmanski seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER, DISCUSS, AND IF NEED BE, ACT UPON LOCAL LAW NO. 1 OF THE YEAR 2002, ENTITLED 'RETIREMENT INCENTIVE PROGRAM'" in the Town of West Seneca.

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

Town Attorney Tim Greenan advised that the proposed local law would provide eligible employees of the Town of West Seneca an incentive to retire in accordance with Chapter 69 of the Laws of 2002. The commencement date of the retirement incentive program was May 20, 2002 and the open period in which eligible employees could retire and receive additional benefits was 90 days in length. The actuarial present value of the additional retirement benefits payable pursuant to provisions of the local law would be paid in one lump sum or in five annual installments. The amount of the annual payment would be determined by the actuary of New York State Local Employees Retirement System and would be paid by the Town of West Seneca for each employee who received the retirement benefits payable under the local law. The act would take effect upon filing with the State of New York.

Supervisor Clark stated that there were two mandatory employees of the Town of West Seneca who would be retiring pursuant to this program and regardless of any other offering. In the past, early retirement offers from the State of New York were always accompanied by a requirement for a substantial mandatory cost savings for either lack of replacement workers or reduced negotiated benefits in order to meet certain goals. Other than the mandatory employees, there were no required cost savings for any other employee that might be eligible to participate. Supervisor Clark stated that they were in the process of working with the labor unions to determine if there was any interest in negotiating for some cost savings so that it could be offered to other individuals.

Councilman Graber questioned the last date that an eligible employee could retire under this incentive program.

Comptroller Chuck Koller suggested that the open period for participation in the retirement incentive program be September 27 - December 27, 2002. This would allow six weeks to negotiate with the labor unions to determine if the program was beneficial.

No comments were received from the public.

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

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adopt Local Law No. 1 of the year 2002, entitled "Retirement Incentive Program" in order to preserve the possibility of offering early retirement for both mandatory and non-mandatory potential retirees employed by the Town of West Seneca.

12-C    COMMUNICATIONS

1.    Supervisor Clark re Title certification for Erie County Personnel

Motion by Councilman Osmanski, seconded by Councilman Hicks, to create the position of General Crew Chief, which is currently filled but not formally established with Erie County Personnel, and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

2.   Town Attorney re Funding of infrastructure for new development on North America Drive

Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution that provides for funding of the infrastructure of a new proposed development on North America Drive called West Seneca Commercial Center, LLC.

On the question, Supervisor Clark stated that this agreement involved county funds for private development, but the county required that the Town of West Seneca and West Seneca Development Corporation be additional signatories to the agreement. Economic development HUD money from the county program would be utilized for new development in the westerly portion of North America Drive behind Gillogly Chevrolet. Supervisor Clark commented that the proposed project was a good looking project and should help spur some additional development and make North America Drive very presentable. There were some negatives in some of the infrastructure, such as access to sewers and sewer capacity, and these problems would have made the project unlikely to happen if the county had not got involved and come forth with economic development funds. Supervisor Clark thanked the county and Erie County Executive Joel Giambra for their assistance.

*APPENDICES*

Supervisor Clark abstained from voting on this item because the developer was a client of an accounting firm that he had a financial interest in.

3.   Town Attorney re North America Center Storm Water Drainage District

Motion by Councilman Osmanski, seconded by Councilman Hicks, to adopt the attached resolution and order, subject to permissive referendum, providing for the establishment of the North America Center Industrial Park Storm Water Drainage District pursuant to Article 12-A of the Town Law of the State of New York.

*APPENDICES*

4.   Highway Supt. re Bid award for two sanivans

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for two (2) sanivans to Buffalo Truck Center Inc., 271 Dingens Street, Buffalo, NY 14206 at their bid of $248,130.00, noting that Buffalo Truck Center Inc. was the only bidder on this equipment.

On the question, Supervisor Clark stated that the town traditionally had problems bidding out for sanivans in the Buffalo market. He and Highway Supt. Pat Finnegan had discussed the specifications for these vehicles, and Supervisor Clark did not believe that the town's specifications discouraged any legitimate bidders in the Buffalo area. The major problem was that there was a severe lack of suppliers for the type and size of compacter the town used. Although the specifications were general enough to be fair, the equipment had to be of the same general mode because the town had a very aggressive and efficient maintenance program. Supervisor Clark noted that the bid pricing was not out of line from past purchases and he was comfortable with only one bid on the sanivans.

12-C    COMMUNICATIONS

5.   Highway Supt. re Bid award for horizontal grinder

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the bid for a horizontal grinder to Baschmann Services, 1101 Maple Road, PO Box 320, Elma, NY 14059 at their low bid price of $174,882.

6.   Highway Supt. re Bid award for three plows and dump bodies

Motion by Councilman Osmanski, seconded by Supervisor Clark, to award the bid for plow equipment and dump bodies to Valley Fab & Equipment, 9776 Trevett Road, Boston, NY 14025 at their bid price of $95,248.00, noting that the equipment from T-W did not meet specs as called for.

7.   Chief Gehen re Attendance of Lt. Radwan at Northeast Counterdrug Training Center

Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Lt. John Radwan to attend the Northeast Counterdrug Training Center at Fort Indiantown Gap, Anneville, PA, September 8 - 13, 2002 at a cost not to exceed $420.

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

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize Lt. John Radwan to attend the Government Technology Conference in Albany, NY, September 23 - 27, 2002 at a cost not to exceed $1162.

9.   Chief Gehen re Budgetary transfer request

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve budgetary transfer request in the amount of $3000 from Police Equipment Acct. #01.3120.0210 to Other Expenses Acct. #01.3120.0419.

10.   Town Clerk re Award for moving of voting machines

Motion by Councilman Osmanski, seconded by Councilman Hicks, to award the moving of voting machines to Mayflower Ihrig Moving & Storage, 877 Seneca Street, Buffalo, NY 14210, at their low bid of $1088 each for Primary Day and Election Day.

11.   Recreation Director re Appointment of Kari Langdon as part-time Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Hicks, to appoint Kari Langdon as part-time Clerk Typist at a rate of $6.90 per hour effective August 14, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12-C    COMMUNICATIONS

12.   Senior Citizens Supervisor re Rate increase for part-time Van Driver Donald Bebak

Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant a rate increase to $7.90 per hour to Donald Bebak effective July 25, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting that Mr. Bebak completed the 1400 hours of service necessary to warrant this increase to Step 2.

13.   Youth Director re Additional expenses for Frost Valley Retreat

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve additional expenses in the amount of $478.46 for the Frost Valley trip taken on March 20 - 22, 2002.

14.   Youth Director re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $1918.90 to Manpower for clerical help and $3382 to Dell Computers for computer hardware.

12-D    REPORTS

• Patricia C. Wisniewski, Town Clerk's report for July 2002, received and filed.
• William P. Czuprynski, Building Inspector's Report for July 2002 received and filed.
• Ruth E. Breidenstein, Receiver of Taxes' Report for March, April, May, June & July 2002 received and filed.

PROBLEMS OF THE PUBLIC

STATUS OF PROPOSED GOLF COURSE

Vince Morga, 55 Ashley Drive, questioned the status of the proposed golf course.

Supervisor Clark advised that Carl Lambein donated the property where the proposed golf course would be located and it was placed in a non-profit organization, the West Seneca Rotary Club Foundation. The residents of West Seneca and Orchard Park would benefit with tee times and cost when the course was completed. The project was not progressing as rapidly as if the town were to bond the entire cost, but it was not that type of project. The Town of Orchard Park's planning and approval process was very rigorous, and it took a year to obtain the required approvals from them. Also, there was additional fundraising that was necessary in order to purchase the Struck farm property. This was a key parcel because it would provide the barn and initial clubhouse facility. County probationary workers and volunteer laborers were working all summer long to rough clear the site. The next phase would proceed with final design and financing.

Town Attorney Tim Greenan stated that there were still some steps left in the approval process, but they were nearing the completion of Phase I construction, which involved rehabilitation of the historic Struck farm building that would serve as the administrative offices. The architect had recently prepared a final routing plan showing the grades, cuts and fills on the property. This was required in order to cut out the fairways and determine where the holes would be. The plan was submitted to the Army Corps of Engineers for their approval and a permit was required for each instance in which a fairway crossed wetlands. Mr. Greenan noted that the Rotary Foundation was hoping to break ground on the facility this year and construction of the course would take two years. There would be some programming and teaching going on at the facility prior to the course opening. The target date for opening was July 4, 2004.

PROBLEMS OF THE PUBLIC

DRAINAGE PROBLEM ON PEARL STREET

Marty Dugan, 207 Pearl Street, commented on the consistent flooding problem in his yard and presented pictures indicating the water that flows through his property. He understood that Buffalo Air Park's property was pitched toward his property, but the ditch at the rear was not piped and was unable to handle the volume of water since it had not been dug out since before he moved there in 1995. Mr. Dugan asked that the town turn the paper street at the rear of his property over to him and he would pay for culvert pipe to be put in to alleviate his flooding problem.

Town Attorney Tim Greenan stated that he had talked to Mr. Dugan about this problem on a previous occasion, and he thought the town had a certain obligation to the residents upstream to provide continuous drainage. He asked that Town Engineer George Montz take a look at the situation to determine the cause of the water problem.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PURCHASE OF COMPUTER FOR YOUTH BUREAU

Motion by Councilman Hicks, seconded by Councilman Osmanski, to authorize payment of $1695 to Dualex Office Products for purchase of a computer for the Youth Bureau.

PAYMENT FOR TOPOGRAPHICAL WORK AT BURCHFIELD PARK

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize payment of $4850 to Nussbaumer & Clarke for topographical work, surveying, and preparation of a draft map in accordance with the potential Burchfield Park suspension bridge project.

On the question, Supervisor Clark noted that Councilman Osmanski had reviewed the scope of work and found it appropriate. Funding for this work would be from the NYS grant that included improvements to Burchfield Park.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Osmanski, to adjourn the meeting at 9:00 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK