16-B    LEGAL NOTICES

Proofs of publication and posting of legal notice: "OF THE COMPLETION AND ACCEPTANCE OF THE FINAL SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (DSGEIS) FOR THE NORTH AMERICA CENTER INDUSTRIAL PARK HIGH TECHNOLOGY, MANUFACTURING AND SERVICE INDUSTRY DEVELOPMENT" in the Town of West Seneca, received and filed.

16-C   COMMUNICATIONS

1.   Town Attorney re Final supplemental generic environmental impact statement for North America Center

Motion by Supervisor Clark, seconded by Councilman Hicks, to adopt the attached resolution adopting the Statement of Findings for the Final Supplemental Generic Environmental Impact Statement for North America Center Industrial Park for High-Technology, Manufacturing, and Service Industry Development.

*APPENDICES*

2.   Town Attorney re Public hearing for creation of lighting district in Smokes Creek Preserve Subdivision

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to schedule a public hearing for November 18, 2002 at 7:30 P.M. to consider the petition for creation of a lighting district in Smokes Creek Preserve Subdivision.

16-C    COMMUNICATIONS

3.   Town Attorney re Public hearing for amendments to Recycling Ordinance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to schedule a public hearing for November 18, 2002 at 7:30 P.M. to consider minor changes in verbiage to the Recycling Ordinance as requested by the Northeast Southtowns Solid Waste Management Board.

4.   Town Engineer re Park Lane/Gervan Drive Reconstruction, final change order & acceptance

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve change order #2 for NC Contracting Inc., 3689 California Road #27, Orchard Park, NY 14127, for a net deduct of $11,485.37 and accept the Park Lane/Gervan Drive Reconstruction Project, Job No. G-9707.

5.   Town Engineer re Purchases requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $4090.20 to Siewert Equipment Co., Inc. for pump repairs at the Maryon Drive Pump Station.

6.   Highway Supt. re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Supervisor Clark, to authorize payment of $6400 to Ohrt & Goodman for a new roof on the dog shelter and gutters on the sewer plant.

On the question, Councilman Wroblewski noted that funds for these improvements were obtained through FEMA payments received for damage incurred during the December 2001 snowstorm.

7.   Chief Gehen re Bid award for one unmarked police vehicle

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to award the bid for purchase of one unmarked police vehicle to West-Herr Ford, 5025 Camp Road, Hamburg, NY 14075 at their low bid of $14,908.

8.   Chief Gehen re Attendance of Asst. Chief Wight & Det. Fiscus at Fire/Arson Investigation seminar

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Asst. Chief Dale Wight and Detective Robert Fiscus to attend the annual Fire/Arson Investigation Seminar to be held November 6 - 8, 2002 in Montour Falls, New York at a cost not to exceed $400.

16-C    COMMUNICATIONS

9.   Town Justices re Appointment of Jodie Wysocki as part-time seasonal Clerk Typist

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to appoint Jodie J. Wysocki as part-time seasonal Account Clerk/Mini Computer Operator effective November 4, 2002 at a rate of $9.50 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Recreation Director re Purchase requiring Town Board approval

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize payment of $2398 to Dualex Office Products Inc. for two computers for the Recreation Department.

11.   Youth Director re Appointment of Diane Kilijanski as part-time Clerk

Motion by Councilman Osmanski, seconded by Councilman Graber, to appoint Diane Kilijanski as part-time clerk at a rate of $6.90 per hour effective October 28, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PROBLEMS OF THE PUBLIC

SIDEWALKS ON WOODWARD, HYBANK, AND BELMONT DRIVE

Cindy Atzrott, 9 Belmont Drive, expressed opposition to the construction of curbs and sidewalks on Hybank Drive, Belmont Drive, and Woodward Drive. She submitted a petition with 58 signatures representing residents of at least 50 homes on these streets who were also opposed to the construction. They did not want to see the mature trees and shrubbery removed and the character of their neighborhood changed. The residents were also against the liability that would be imposed on them by having to maintain the sidewalks.

Sharon Arundell, 30 Hybank Drive, opposed the reconstruction and widening of Hybank Drive and did not want to lose part of her front lawn. She understood that the road was being widened because it was too narrow for emergency vehicles and plows, but they had not had a problem traveling on the road in the past. Mrs. Arundell thought there were other town streets that were more in need of reconstruction and commented that some town roads were resurfaced and curbs were added without sidewalks. She did not want sidewalks added to the street because she did not want it to look like a subdivision.

Town Engineer George Montz stated that the Capital Projects Committee held a meeting, and these roads were recommended for reconstruction by Highway Supt. Pat Finnegan based on their condition, under-drainage, etc.

Mr. Finnegan stated that he had received some calls regarding the current drainage situation on Hybank Drive and Belmont Drive and his department tried to rectify it as best they could. They had also resurfaced the street a few years ago trying to hold it together, but they were starting to lose the road edges because of a lack of under-drains.

Mrs. Arundell questioned when the town planned to inform the residents about the sidewalks.

PROBLEMS OF THE PUBLIC

SIDEWALKS ON WOODWARD, HYBANK, AND BELMONT DRIVE    (continued)

Mr. Montz responded that whenever they did a project they sent out a general information letter to the residents affected to inform them what the project was about before any construction began.

Councilman Osmanski stated that they were still gathering preliminary engineering information to determine what needed to be done. After that work was completed, they would talk with the residents prior to making a decision to do the project.

Supervisor Clark stated that the Town Board tried to reflect what the residents wanted within strong policy guidelines, but they were not overly rigid where they would reject what the majority of the people wanted.

Barbara Hulse, 17 Belmont Drive, stated that the residents of her neighborhood were strongly opposed to the proposal, but if there were a way to solve the drainage problem without installing the sidewalks they would be happy. Mrs. Hulse moved to this area because she liked the country look and peaceful nature of the street and did not want to live in a subdivision. She noted that some of the residents had large lots and would not be able to maintain the sidewalks or keep them free from snow.

Supervisor Clark stated that the under-drainage work on the road did not require that the sidewalks be installed or the trees removed.

Councilman Osmanski noted that although they did not have to remove trees to do the under-drainage work, they sometimes cut through some very mature roots on the trees. It was possible that some of the trees would be lost, but they would try to save as many as possible.

Jessica Schieber, 5493 Seneca Street, suggested that the same type drainage be used on Belmont Drive, Hybank Drive, and Woodward Drive as was installed on the corner of Seneca Street, Center Road, Bullis Road and Lein Road.

Town Engineer George Montz stated that the town had standardized on the upright curb and gutter because it helped to keep the drainage contained in the road box and get it to the receivers better. The county had a lot of different designs depending on the street.

Frank Czechowski , 123 Woodward Drive, was opposed to the curb and sidewalk proposal and stated that he liked the neighborhood as it was.

SPEED AND TRAFFIC VOLUME ON EAST CENTER ROAD

Linda Pawlowski, 85 E. Center Road, commented on the excessive speed and volume of traffic on her street. She noted that the number of school buses traveling on the road had decreased since June, but there were still some that used the street as a cut through and did not pick up or drop off children. The "No Truck" signs greatly decreased the number of car carriers and semis, but there were still a number of other trucks that ignored the signs and used the road even though they were not making local deliveries.

Councilman Hicks understood that the school bus drivers were instructed not to go down E. Center Road. He asked Mrs. Pawlowski to get the bus numbers of the buses that were still using E. Center Road as a cut through and report back to Chief Gehen. Councilman Hicks noted that Chief Gehen had done extensive studies checking for speeding on E. Center Road, and he questioned how many tickets had been issued.

PROBLEMS OF THE PUBLIC

SPEED AND TRAFFIC VOLUME ON EAST CENTER ROAD    (continued)

Chief Gehen responded that his department had detailed officers to E. Center Road approximately 40 times since June and they had issued some tickets for speeding. They were also on detail at the start of the school year, in the morning and afternoon, and followed up again two weeks later.

Councilman Hicks questioned if weight limit signs could be posted on E. Center Road to take care of the truck issue.

Chief Gehen stated that E. Center Road was not a truck route and the "No Truck" signs were posted. Any truck over five tons was prohibited from traveling on E. Center Road and this was enforceable.

Mrs. Pawlowski questioned if this would include Highway Department vehicles and noted that there were many that traveled on the road without stopping or having any work to do there.

Councilman Graber responded that utility vehicles and municipal vehicles were exempt.

Councilman Hicks questioned if the Highway Department was doing any work in that area and if Highway Supt. Pat Finnegan could tell his workers not to use E. Center Road unless they had work to do there.

Mr. Finnegan responded that his department had been picking up a lot of brush on Seneca Creek Road and Clinton Street and the trucks might be cutting through on E. Center Road.

Councilman Hicks suggested setting up the speed trailer on E. Center Road.

Chief Gehen stated that the speed trailer had been set up on E. Center Road a number of times. The trailer was going to Orchard Park for November and they would not have it back until December. Chief Gehen stated that on the first day of school from 6:55 AM to 7:45 AM, officers monitored 50 vehicles, only issued two summonses, and witnessed six T-N-T buses go down the street. That same afternoon from 1:45 PM to 2:35 PM the officers monitored 30 vehicles, issued four summonses and saw 17 T-N-T buses go down the street.

Mrs. Pawlowski thought that motorists slowed down when they saw an officer, so she did not believe that they were able to catch everyone that was speeding.

Councilman Wroblewski stated that once the motorist was able to see the police vehicle, the radar had already picked up their speed.

Chief Gehen noted that they also had unmarked police vehicles posted on E. Center Road monitoring the traffic and issuing citations.

Councilman Hicks thought that the traffic problem on E. Center Road had improved. He suggested that the police continue to monitor the situation and Mr. Finnegan could tell his employees not to use E. Center Road unless necessary. They could also contact Jim Brotz, W.S. School Superintendent, to discuss the bus situation.

Mrs. Pawlowski questioned if motorists were permitted to go a certain number of miles per hour over the speed limit without getting a ticket.

Chief Gehen responded that radar was used only as verification of a speed estimate. The officer made an estimate of the speed of the vehicle in his mind and then used the radar unit to verify that.

PROBLEMS OF THE PUBLIC

SPEED AND TRAFFIC VOLUME ON EAST CENTER ROAD    (continued)

Mrs. Pawlowski questioned the use of counters to check the speed of vehicles.

Town Engineer George Montz responded that the counters with two sets of road tubes measured the speed of a vehicle as well as the number of vehicles.

Mrs. Pawlowski noted that on Thursday, June 20th, there were 1803 vehicles that traveled on E. Center Road and 640 vehicles went over the 35 mph speed limit up to 44 mph. There were 130 going between 45 and 55 mph. The following day there were 2723 vehicles on the street with 1030 going between 35 and 44 mph and 171 going between 45 and 55 mph. She questioned why everyone traveling over 35 mph was not given a ticket.

Chief Gehen responded that there was a certain amount of variability given to the officers writing tickets because it was not an exact science. The officers were certified through the Bureau of Municipal Police as experts in speed estimate with a certain amount of leeway up to 5 mph.

Mrs. Pawlowski proposed lowering the speed limit or making the street a dead end.

Councilman Graber stated that 35 mph was the minimum speed for a town road and they could not lower it. Making the street a dead end was also not an option.

Mrs. Pawlowski referred to the turning lane on Center Road at the entrance to E. Center Road and suggested that an island be installed to force motorists to make a proper turn and prevent them from cutting across the turning lane. She also noted that the officers observed this happening and did not ticket the violators.

Chief Gehen asked for the dates and times that the officers witnessed the violations without taking any action so he could discuss this with them.

Robert Gadra, 65 E. Center Road, had researched the speed laws for the State of New York and did not see anything about a 5 mph tolerance. He asked for clarification from Chief Gehen.

Chief Gehen responded that an officer had to be certified as an expert in speed estimate in order to use the radar unit. The officer only used the unit to verify his speed estimate, plus or minus 5 mph. If an officer was behind a vehicle and had a certified speedometer, he could verify the speed of the vehicle with that. Laser was a new tool that was more pinpoint accurate because the laser beam was directed right at the vehicle.

Mr. Gadra stated that when this issue was discussed at the Traffic Committee meeting, Deputy Town Attorney Bill Bond suggested giving tickets to as many people as possible who were violating the speed limit and making sure that the fines were high enough. Mr. Gadra did not believe the officers were ticketing enough of the violators.

Mr. Bond stated that they could not ticket someone going 36 to 40 mph because it would not hold up in court. Anyone going over 40 mph could be ticketed because they would have a chance of it holding up in court.

Mr. Gadra commented that in researching the law, it was conceivable that the speed limit could be lowered to 25 mph.

Mr. Bond responded that there were standards for estimating and for setting speed limits on streets. Unless the street qualified for a 25 mph speed limit the town would not change it.

PROBLEMS OF THE PUBLIC

SPEED AND TRAFFIC VOLUME ON EAST CENTER ROAD    (continued)

Mr. Finnegan questioned what would slow the people down if the speed limit were lowered to 30 mph when they were speeding at 35 mph.

Mr. Gadra stated that the 5 mph difference would make up for the inaccuracy of the radar unit.

Mr. Finnegan stated that studies were done and the average speed was 36 to 38 mph on percentages. If the speed limit was lowered and someone received a ticket, it would be thrown out of court because the average speed was 36 to 38 mph and they would have to raise the speed back up to 35 mph.

Mrs. Pawlowski questioned the criteria necessary for lowering a speed limit.

Mr. Bond responded that things such as average speed and road design were part of the criteria for lowering a speed limit.

Chief Gehen stated that he had spoken to residents of E. Center Road when this issue was initially brought to the board's attention, and their specific complaint was the volume of traffic not the speeding. Chief Gehen informed them at that time that their street was a public roadway and people had a right to utilize the roadway for ingress/egress to wherever they were going. The volume of traffic was out of the board's control because it was a public roadway.

Jim Bove, 11 Willowdale Drive, questioned why E. Center Road could not be dead-ended.

Mr. Finnegan responded that E. Center Road was a dedicated public highway and could not be dead-ended.

REPAIRED SIDEWALK ON KIRKWOOD DRIVE

Bruce White, 45 Kirkwood Drive, thanked the Highway Department for repairing the sidewalk in front of his home that was cracked by a high-lift last winter.

SUNOCO STATION ACROSS FROM SOUTHGATE PLAZA

Brian Caradori announced that effective December 17th the Sunoco station across from Southgate Plaza would be reopening. The hours of operation would be 6 AM until midnight for gasoline sales and auto and light truck repair.

SOUTH PIERCE STREET

Bob Klier, 43 S. Pierce St., stated that there was a dirt road at the end of his street that wound through Buffalo into West Seneca. The street was pushed into West Seneca and did not rightfully belong there. According to Buffalo tax maps and the City of Buffalo Engineering Department, S. Pierce Street south of Seward Street was located totally in Buffalo. Mr. Klier commented on the dumping, fires, drugs, underage drinking, etc. that went on in the field at the end of the street and stated that this type of activity belonged in Buffalo not West Seneca. The Buffalo Engineering Department stated that the access roads could not be blocked because they were city-owned right-of-ways. Mr. Klier did not believe that West Seneca taxpayers needed these liabilities and suggested that the Town Board take steps to turn the road over to Buffalo.

PROBLEMS OF THE PUBLIC

SOUTH PIERCE STREET    (continued)

Councilman Hicks stated that he had previously talked with Mr. Klier about his proposal but had not gotten back to him. He would be doing some investigative work and would meet with Mr. Klier to further discuss the matter.

Town Attorney Tim Greenan stated that he would need more information and would have to look at an aerial map prior to advising on this issue.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

PROPERTY MAINTENANCE ISSUE ON SIBLEY DRIVE

Councilman Osmanski referred to a letter received from Sibley Drive residents regarding the condition of the property at 10 Sibley Drive. The residents stated that the occupants were operating a construction company from the house and the property was an eyesore. There were junk vehicles parked on the property and they had put gravel on the lawn to allow for more parking. Councilman Osmanski asked Building Inspector Bill Czuprynski to follow up on this complaint and report back to the Town Board.

Mr. Czuprynski responded that he had already addressed this complaint and would report back to the board with his findings.

COPS MORE02 GRANT

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute the COPS MORE02 grant #2002CMWX0055, noting that the Town of West Seneca Police Department was eligible for $45,296 in grant assistance with a 25 percent local match of $15,098 and the grant would be utilized to replace old mobile data terminals in patrol vehicles with new Panasonic ruggedized laptops and provide for additional upgrades to the records management system.

BID DATE FOR SOLID WASTE DISPOSAL CONTRACT

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to set a bid date of November 15, 2002 at 10 A.M. for receipt of bids on a new solid waste disposal contract.

ACCEPTANCE OF DENNYBROOKE LANE

Motion by Councilman Osmanski, seconded by Councilman Hicks, to accept Dennybrooke Lane as a town highway in the Wolins Woods Subdivision.

APPOINTMENT OF HAROLD CARBERRY AS PART-TIME LABORER

Motion by Councilman Hicks, seconded by Councilman Graber, to appoint Harold Carberry as part-time laborer in the Buildings & Grounds Department at a rate of $7.25 per hour effective October 22, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

TITLE CHANGE FOR DANA ANDRZEJEWSKI

Motion by Councilman Hicks, seconded by Councilman Graber, to terminate Dana Andrzejewski as Motor Equipment Operator and appoint Dana Andrzejewski as Auto Mechanic, Step 5, Group 5, at a rate of $20.05 per hour effective October 22, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

PAYMENT FOR DIAMOND CLAY

Motion by Supervisor Clark, seconded by Councilman Osmanski, to authorize payment of $2017.17 to Lakeside Sod for diamond clay.

MAYOR MASIELLO'S SUGGESTION TO ANNEX SUBURBS

Councilman Graber referred to a recent Buffalo News article in which Mayor Masiello suggested ways to correct the financial situation in Buffalo. One of his suggestions was to change the state law that would allow the City of Buffalo to annex its wealthier suburbs. Councilman Graber was totally opposed to this and stated that he would fight hard to keep it from happening. He did not believe that the mismanagement of the City of Buffalo should be able to reach out over their borders and contaminate other municipalities. Councilman Graber suggested that Buffalo review the problems they created for themselves and correct them on their own.

GRANT APPLICATION FOR HANDICAPPED ACCESSIBLE TRAIL IN CARRIAGE PARK

Motion by Supervisor Clark, seconded by Councilman Hicks, to apply to the NYS Office of Parks, Recreation and Historic Preservation Recreational Trail Grant Program for $43,536 for construction of a handicapped accessible trail in the Carriage Park area, noting that the Town of West Seneca will match grant funds with $10,884 in cash and in-kind goods and services.

On the question, Supervisor Clark stated that the trail was already established, but they might be able to receive some grant funds for it. There was a similar request for the Knox Playground and they were also attempting to obtain funds for a walking trail there.

GRANT AWARD FOR TOWN CENTER PLAN

Supervisor Clark announced that the Town of West Seneca was successful in the Downtown Development Grant Project and was awarded $25,000 from the State of New York. This funding was part of the State's new Main Street New York downtown development initiative. As part of the Master Plan, the town had hired Wendel Duchscherer Architects & Engineers to work up a town center plan, and the $25,000 would be used for some tree planting, benches, planting beds, and brackets with baskets for hanging flowers to give a center of town feel. Supervisor Clark thanked Assemblywoman Wirth and Governor Pataki for their assistance with this grant.

DELRAY AVENUE RECONSTRUCTION

Supervisor Clark stated that he received an Internet thank you for the reconstruction of Delray Avenue along with digital before and after pictures of the street.

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

ADJOURNMENT

Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 9:20 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
TOWN CLERK