13-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 SPECIAL PERMIT FOR PROPERTY LOCATED AT 1190 EAST & WEST ROAD, BEING PART OF LOT NO. 322, CHANGING ITS CLASSIFICATION FROM R-60A TO R-60A(S), FOR A 150' TELECOMMUNICATIONS FACILITY" in the Town of West Seneca, be received and filed.          (Crown Atlantic Company LLC)

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

Deputy Town Attorney Bill Bond read the recommendation of the Planning Board: "At its August 21, 2002 meeting, the Planning Board recommended approval of the request for a special permit for property located at 1190 East & West Road, being part of Lot No. 322, changing its classification from R-60A to R-60A(S), for a 150' telecommunications facility and related site improvements, and waived the fall zone requirement for this facility."

Attorney Lori Karelus of Nixon Peabody LLP represented the petitioner and stated that Cricket Communications was an FCC licensed wireless provider who was new to the Buffalo market. There was a service gap in a certain area of West Seneca and Cricket was attempting to remedy the problem with the help of Crown Atlantic Company, a tower management company. Cricket Communications deployed their network in February 2002 and they were primarily co-locating on existing facilities in the Buffalo area and surrounding towns. Where they were unable to co-locate it was necessary for them to propose a facility of a height that would allow them to put up an antenna to be able to achieve the coverage. Ms. Karelus gave a brief overview of how wireless technology worked and stated that a wireless telephone operated by the transmission of a very, very low powered radio signal. The signal traveled between the phone and an antenna that was mounted on a tower, pole, building, or other structure that was tall enough for the antenna to transmit a signal and cover a certain area. The antenna fed the signal through electronic apparatus that went into a small equipment shelter and was routed to phone lines anywhere in the world. Because of the low power in the transmission, a cell site could only cover a limited geographic area, which they called a cell. The cell site had to be located within the search area in order to provide adequate and reliable service. Wireless technology required an overlap between the cells to allow for uninterrupted service. Ms. Karelus noted that there were two types of

13-B    LEGAL NOTICES

1.    (continued)

carriers - PCS and cellular. A cellular provider operated between 800 and 900 MHz and their signal could generate a radius of 4 to 5 miles depending on topography and density of population. In 1996 when the Federal Telecommunications Act was adopted, there was no more spectrum available, so a new band of 1950 MHz was designated for the new PCS carriers. This band was available to the carriers and Cricket was one of them. Cricket operated at around 1950 MHz with a radius of coverage half as much as a cellular antenna could cover, so a site was needed every 3 to 5 miles. In determining the service gaps, the carriers used propagation studies that depicted the wireless coverage and what a cell would generate. A 150' monopole was being proposed for the site at 1190 East & West Road and site plan approval along with a tower special permit was required from the Town Board. Ms. Karelus presented a site plan indicating where the tower would be located and some of the detail regarding Cricket's equipment. She noted that the majority of the search area was residential to the south of East & West Road and there was a lot of town and state land to the north.

Councilman Osmanski questioned where the next adjacent cell site was.

Ms. Karelus indicated the adjacent cell sites at East & West Road and Union Road and on Leydecker Road at Southwestern Blvd. and commented on the propagation studies and coverage at various tower heights. Ms. Karelus also presented pictures of what the tower would look like at various points in the neighborhood and commented that it was consistent with the surrounding land uses. She noted that this was the only tower that Cricket was proposing for the Town of West Seneca and there were only four new facilities for the City of Buffalo. Cricket had about 90 cell sites and almost all of them were co-locations.

Councilman Wroblewski questioned what would happen to the tower if Cricket were to go out of business.

Councilman Osmanski noted that there was a statement in the application concerning a demolition bond equal to double the cost of removal of the tower. There was also a letter from Cricket stating that they would be responsible for removing the tower and any of the co-locators' facilities if the facility ceased to be useful in its area for 12 consecutive months. Councilman Osmanski questioned the light at the top of the tower.

Ms. Karelus responded that the town ordinance required a light at the top of the tower, but the Planning Board had requested that it be a steady light rather than a strobe light. Crown Atlantic would only light the facility if it was required by the FAA, and typically a tower over 200' high required lighting, but under 200' did not require a light unless a study indicated that it was needed. Ms. Karelus stated that Crown Atlantic would agree to light the tower if the town mandated.

Councilman Osmanski commented on the gray color of the monopole and questioned if any of their other facilities had been painted a less obtrusive color.

Ms. Karelus was only aware of one facility along the NYS Thruway towards Syracuse that was painted blue. She thought the gray would dull and blend in nicely with the environment, whereas the paint would eventually chip.

Bill McDonald, 338 Summit Avenue, commented on the billboards along Route 400 and stated that money was allocated for beautification of the neighborhood, but he had not seen any improvements made.

Town Attorney Tim Greenan stated that there might have been a beautification fund set up by the proponent of the billboards, but it wasn't specifically for neighborhood beautification. The money was general fund revenue for various areas of town that needed attention.

Councilman Osmanski stated that the amount received was minimal and would have done very little to help. The money was used for funding some recreation projects such as the town wading pool.

13-B    LEGAL NOTICES

1.    (continued)

Mr. McDonald stated that he would rather have a tower in his backyard than a billboard and questioned if they could turn the lights off earlier in the evening.

Councilman Osmanski noted that the town currently had a moratorium on billboard applications to allow them time to reassess the ordinance, but they were waiting to do this as part of the town's Master Plan. The biggest complaint they had against billboards was the lighting that was so intrusive to residential neighborhoods.

Mr. McDonald questioned if there was any grant money available for walls along Route 400 to reduce the noise.

Councilman Osmanski responded that they were able to get the walls along I-90 only because New York State was reconstructing that section of the thruway, but they were only able to get wooden walls instead of concrete.

Mr. McDonald questioned if there could be some trees planted instead since the area of Summit Avenue where he lived was there before Route 400 was built.

Supervisor Clark stated that the town had a tree bank fund and they could look at this area and see if they could put in some plantings. He noted that the board members were not happy with the billboards either, but they were advised at that time that a lawsuit was possible if they denied them. A lawsuit would have resulted in a lot of legal fees and the town probably would have lost the case. Supervisor Clark asked Town Engineer George Montz to survey the area where Mr. McDonald lived to see what type of coverage would be necessary for screening.

Councilman Graber stated that there were many areas of town with this problem, and he suggested they ask the State for money for sound barriers on an annual basis.

Supervisor Clark asked Asst. Building Inspector Bob Pinnavaia to communicate with the billboard company regarding turning off the lights at the time that was agreed on.

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

Motion by Supervisor Clark, seconded by Councilman Osmanski, to issue a Negative Declaration with respect to SEQR and approve the request for a special permit for property located at 1190 East & West Road, being part of Lot No. 322, changing its classification from R-60A to R-60A(S), for a 150' telecommunications facility and waive the fall zone requirement with the stipulation that demolition bonds be provided for twice the demolition costs.

On the question, Supervisor Clark stated that the town would rather attempt to control the site of this facility and remain up-to-date on the infrastructure and availability of technology to the residents. If they did not control the siting of the tower in a rather restricted and residential area, they could be faced with another site that was beyond their control and more intrusive into the residential sector of the population. Supervisor Clark further commented that the town was in the process of finalizing negotiations with Crown Atlantic for some revenue that would be used to offset general fund revenue and for recreational facilities.

*APPENDICES*

2.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE 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, received and filed.       (Eleanore M. Bullard, Brenden Giglio, Carl Giglio)

13-B    LEGAL NOTICES

3.   Proofs of publication and posting of legal notice: "OF THE ORDER AND RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM UNDER SECTION 209-e OF THE NEW YORK TOWN LAW, MAKING CERTAIN DETERMINATIONS WITH RESPECT TO AND APPROVING THE ESTABLISHMENT OF THE NORTH AMERICA CENTER INDUSTRIAL PARK STORMWATER DRAINAGE IMPROVEMENT DISTRICT" in the Town of West Seneca, received and filed.

13-C    COMMUNICATIONS

1.   Supervisor Clark re Grant-In-Aid application for Internet access at W.S. Senior Citizens Center

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Paul T. Clark, Supervisor of the Town of West Seneca to apply to the New York State Office for the Aging, Grant-In-Aid Program for $1000 to support, in part, Internet access at the West Seneca Senior Citizens Center computer facility.

2.   Deputy Town Attorney re Abandonment of Huntington Avenue

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Board and the Superintendent of Highways to sign a Statement of Abandonment in a form approved by the Town Attorney's office declaring the town's abandonment of a portion of the paper street known as Huntington Avenue east of the east bounds of Pearl Street.

3.   Deputy Town Attorney re Acceptance of deed to Dennybrooke Lane in Wolins Woods Subdivision

Motion by Councilman Osmanski, seconded by Supervisor Clark, to accept the deed to Dennybrooke Lane in the Wolins Woods Subdivision as outlined on the attached deed description.

*APPENDICES*

4.   Town Engineer re Orchard Park Road Watermain Replacement Project, final acceptance

Motion by Councilman Osmanski, seconded by Supervisor Clark, to approve final change order #2 for Triple R Development of WNY, Inc., 27 Wyndmoor Court, Depew, NY 14043 for a net addition of $11,605.22 and accept the Orchard Park Watermain Replacement Project at a final contract amount of $442.572.67.

5.   Town Engineer re Bid date for Sanitary Sewer Repair Contract

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date for October 7, 2002 at 10:00 A.M. for receipt of bids on the Sanitary Sewer Repair Contract, Job No. S-0203.

6.   Town Engineer re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $2983 to Brady Electric, Inc. for relocating electric service to 1311 Union Road.

13-C    COMMUNICATIONS

7.   Highway Supt. re Status change for seasonal part-time laborers in Buildings & Grounds Department

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following Buildings & Grounds Department employees from seasonal to part-time effective September 9, 2002 - April 28, 2003 at a rate of $6.50 per hour:

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

8.   Highway Supt. re Status change for part-time Ice Rink employees

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following Buildings & Grounds Department employees from summer help to part-time laborers at the Ice Rink effective September 9, 2002 - April 28, 2002 at a rate of $6.50 per hour:

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

9.   Highway Supt. re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $5457.98 to Penn Detroit Diesel for transmission repairs and $4566.86 to Buffalo Truck Center, Inc. for truck repairs.

10.   Chief Gehen re Appointment of Donald G. Busse, Jr. as part-time Public Safety Dispatcher

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Donald G. Busse, Jr. as part-time Public Safety Dispatcher at a rate of $8.95 per hour effective September 10, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Chief Gehen re Attendance of Office Edward Baker at DARE school

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Police Officer Edward Baker to attend the DARE Elementary Component Instructor Seminar September 16 - 27, 2002 in Schenectady, New York at a cost not to exceed $750.

13-C   COMMUNICATIONS

12.   Town Clerk re Status change for Sarah Husted to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Sarah Husted from part-time to part-time seasonal Clerk effective August 16 - November 30, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

13.   Receiver of Taxes re Status change for clerks to part-time seasonal

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of the following part-time Clerks in the Tax Office to part-time seasonal effective September 3 - December 13, 2002:

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

14.   Recreation Director re Appointment of individuals for fall/winter recreation programs & Ice Rink

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint the individuals on the attached list to work part-time in the fall/winter recreation programs and at the Ice Rink effective September 17, 2002 - May 31, 2003 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

*APPENDICES*

15.   Recreation Director re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize payment of $2583 to West Seneca Girls Softball Association for umpire fees and $6263 to West Seneca Soccer Club for referee fees.

16.   Youth Director re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2686.55 to Simar Enterprises for AmeriCorps t-shirts, balloons & supplies and $2798 to Dualex Office Products, Inc. for two computers for the Standard Bearers program.

13-D    REPORTS

PROBLEMS OF THE PUBLIC

BERM AT SOCCER COMPLEX

Mary Reusch, 39 Parkside Drive, thanked the Town Board for planting roses and shrubs on the berm between the soccer complex and Parkside Drive. She noted that there were some dead trees that needed to be replaced and suggested that signs be posted instructing people to stay off the berm.

Councilman Osmanski stated that Highway Supt. Pat Finnegan and Buildings & Grounds Supt. Steve Amoia were investigating different types of signs and decided on aluminum signs. They should be up by mid October. In July, the Town Board approved spending for additional trees, but they were waiting for fall to plant them.

Mrs. Reusch stated that the Parkside Drive residents were still concerned about people going up on the berm to view the games. She suggested that additional trees be planted in the center of the complex to afford some shade for the players and spectators. Mrs. Reusch understood that there were numerous incidents of the concession stand and pop machine being vandalized, along with a man exposing himself to teenagers. She questioned how often the soccer complex was patrolled during the day and at night and whether the gate was being lowered at dusk to prevent entry to the park.

Chief Gehen responded that there was a problem with vandalism of the pop machine and one of the buildings at the soccer complex, but there were patrols on the 4 to 12 shift and midnight to 8 shift.

Mrs. Reusch commented that the neighbors continued to have a problem with garbage and debris blowing onto their properties. She understood that the containers were to be emptied consistently and questioned if this was being done.

Councilman Osmanski responded that the containers were supposed to be emptied every night during the soccer season and the Sanitation Department would pick the garbage up every morning. He did not know whether this procedure was followed after the soccer season ended.

CAZENOVIA CREEK ICE RETENTION STRUCTURE PROJECT

Laura Roloff, 4 W. Willowdale Drive, thanked Supervisor Clark for the letter she had received from the Army Corps of Engineers to the Department of Environmental Conservation (DEC) regarding the ice retention structure project. She questioned whether the town had established a new timetable based on the information received.

Supervisor Clark stated that the letter was fairly recent and they had not established a new timetable yet, but they were working on it and doing everything they could.

Town Engineer George Montz stated that they were looking to begin construction in the fall of 2003.

Town Attorney Tim Greenan stated that he and Mr. Montz were directed to proceed with the project while they waited for the Army Corps of Engineers and DEC to continue their work. The town agreed to take the major role in putting together the land acquisition and they were in the process of retaining the professionals necessary to accomplish this. He hoped to have the acquisition process well under way this winter and have all the land and site control by next spring. The Army Corps of Engineers would then contract out the work and they were hoping for it to be completed sometime before the winter of 2003.

Ms. Roloff requested a new timetable so that this information could be furnished to the residents and further questioned the status of the land acquisition.

Mr. Greenan stated that they should have a timetable in place in the near future and he would forward it to Supervisor Clark's office with instructions that it be sent to the homeowner's association. The base maps for the land acquisition were complete and the next step would be to do the legal descriptions of the various parcels that had to be acquired. Survey work was also necessary along with title searches to ensure that when the rights were transferred to the town they were free and clear of any rights of others. He anticipated that they would be approaching the various landowners either late this year or early next year. They would also hold a public information meeting for the landowners.

PROBLEMS OF THE PUBLIC

CAZENOVIA CREEK ICE RETENTION STRUCTURE PROJECT    (continued)

Ms. Roloff questioned if it would be beneficial for representatives of the homeowner's association to attend the public meeting.

Mr. Greenan stated that he would communicate Mrs. Roloff's offer to the various consultants for the land acquisition, but whether or not they felt it was beneficial, the homeowner's association would be welcome to attend the public meeting.

Mary Penders, 63 Parkside Drive, questioned if the DEC had signed the agreement for the project.

Mr. Greenan responded that he did not know whether or not the DEC had signed the agreement yet, but the town was proceeding with all the work that was necessary so the project would not be delayed.

Mr. Montz noted that the DEC was waiting for construction approval from the Army Corps of Engineers and this was just recently received. None of the agreements could be signed until they had construction approval.

Councilman Osmanski stated that the original timetable called for the land acquisitions not being handled until all the agreements were signed. The Town Board decided not to wait for the agreements to be signed and instead started working on acquiring the land.

Mrs. Penders requested that the Town Board communicate with the homeowner's association to let them know that the town was working on the project and getting something done. She questioned if there was anything that could or should be done to have the DEC sign the agreement.

Mr. Greenan stated that the project had to go through a series of channels in Albany, but the town was not allowing that to stop progress. He felt that they had a good working relationship with the local representatives responsible for producing the project and thought that the agreement would be signed within 30 days.

Councilman Osmanski noted that the structure itself was fairly simplistic, so although the process leading up to construction took some time, design and construction should be quick.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

NORWOOD DRIVE RECONSTRUCTION PROJECT

Councilman Wroblewski stated that he had received some complaints from Norwood Drive residents regarding the workers on the reconstruction project taking long breaks, doing side jobs, and working with skeleton crews. He hoped that the project would be completed on time, but wanted these points brought to the contractor's attention if the project ran past the deadline.

Town Engineer George Montz stated that the sidewalk should be completed in one week and they would then be fine grading the stone to prepare for paving. He estimated the paving to be completed in about a week or less.

VIOLATIONS AT LIBERTY MOTORS ON CLINTON STREET

Councilman Wroblewski commented that more and more cars were being parked on the residential property at Liberty Motors on Clinton Street. He asked that the Building Inspector's Office continue to cite the owner and defend the town's position when it went to court.

Asst. Building Inspector Bob Pinnavaia stated that they would continue to issue citations, but the Judge would then have to act on the matter.

Councilman Osmanski understood that the town did not make a strong enough argument for the Judge to uphold the law. He asked that the Building Inspector's Office be more aggressive in convincing the Judge that the law was being violated.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

VIOLATIONS AT LIBERTY MOTORS ON CLINTON STREET    (continued)

Town Attorney Tim Greenan stated that Liberty Motors applied for a rezoning and special permit for residential property located adjacent to their used car lot on Clinton Street. Prior to being approved, they demolished a house on the property, stoned the parking lot, and began to park cars on the lot. The Town Board denied the rezoning and special permit and Liberty Motors then brought an Article 78 proceeding against the Town Board. The town brought a motion to have the Article 78 proceeding dismissed, but the Judge converted it to a declaratory judgement action, having to declare that the Town Board's denial of the rezoning and special permit was unconstitutional based upon a taking of property without due process of law. The basis of this argument was that they were an automotive use and the gas station on the corner of Clinton Street and Northwood Avenue was also automotive use. Also, because the parcel was only 60 feet wide there was no other legitimate use for it than for a used car lot. Oral arguments were made before the Judge about 30 days ago and written submissions were being done. The Judge could render his decision at any time, but while this was pending, the cars continued to be parked on residential property. Mr. Greenan suggested that the Building Inspector's office cite Liberty Motors once a week.

Councilman Graber suggested that the case be referred to Supreme Court.

Mr. Greenan stated that there were still some submissions that needed to be made in the current case. After that he would make a recommendation to the Town Board as to whether bringing an injunction would be appropriate.

DELRAY AVENUE RECONSTRUCTION PROJECT

Councilman Hicks requested an update on the Delray Avenue reconstruction project.

Town Engineer George Montz stated that all the storm sewers and underdrain were done, it was excavated and stoned, and the curbs, gutters, sidewalks, and approaches were complete. They were currently waiting for National Fuel with regard to the restoration, because some of it was their responsibility. He hoped to reach an agreement with them soon and anticipated the project would be completed by the end of October or early November.

JUNK VEHICLES ON SENECA CREEK ROAD

Supervisor Clark referred to Asst. Building Inspector Bob Pinnavaia a complaint he received about 968 Seneca Creek Road and the number of junk cars parked on the property.

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Wroblewski, to adjourn the meeting at 9:15 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK